Abstract

This short review article is one of several intended to assess a major new textbook, Criminal Evidence by Paul Roberts and Adrian Zuckerman. It focuses upon the chapter on hearsay and, in particular, the authors' treatment of the difficult and controversial topic of implied assertions. I discuss Roberts and Zuckerman's analysis of the (in)famous case of Kearley and subsequent statutory intervention, reaching the conclusion that their text is illuminating and thought-provoking. In my view, their balancing of the various arguments and willingness to proffer their own views contributes substantially to an informed discussion of the issues, although I attempt to illustrate that the solution they suggest to the problem of implied assertions might not be the last word on the subject. Overall, I conclude that Criminal Evidence is an excellent book, primarily because it succeeds in providing a thoughtful and principled overview of a morass of complicated case law and detailed statutory intervention.

Recommended Citation

Duff, Peter (2004) "The Demise of Kearley - A Hearsay Problem Solved?," International Commentary on Evidence: Vol. 2 : Iss. 2, Article 4.
DOI: 10.2202/1554-4567.1029
Available at: http://www.bepress.com/ice/vol2/iss2/art4