NORTH CAROLINA LAW REVIEW Volume 66 | Number 1 Article 7 11-1-1987 Not So Firmly Rooted: Exceptions to the Confrontation Clause Stanley A. Goldman Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Stanley A. Goldman, Not So Firmly Rooted: Exceptions to the Confrontation Clause, 66 N.C. L. Rev. 1 (1987). Available at: http://scholarship.law.unc.edu/nclr/vol66/iss1/7 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. NOT SO "FIRMLY ROOTED": EXCEPTIONS TO THE CONFRONTATION CLAUSE STANLEY A. GOLDMAN t Hearsay statements admitted under a 'firmly rooted" exception may have no inherent guarantees of reliability. Professor Goldman traces the history of the 'firmly rooted" doctrine, discusses its rationale, and reviews its expansion. He analyzes these exceptions under confron- tation clause requirementsand determines they generally lack the requi- site reliability. Professor Goldman concludes the 'firmly rooted" concept is neither useful nor workable, and urges instead that courts adopt a case-by-case examination of hearsay statements' trust- worthiness. I. INTRODUCTION "Flugum done it." Everyone who heard the dying man's last words knew they were spoken "in the hush of [death's] impending presence" and with a settled expectation that death was imminent.' The listeners also knew that Flugum and the deceased had been bitter rivals for years. At the murder trial, Flugum testified in his own defense that at the time of the fatal shooting he had been home asleep.