TimS comments on Hearsay, Double Hearsay, and Bayesian Updates - Less Wrong

47 Post author: Mass_Driver 16 February 2012 10:31PM

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Comment author: TimS 17 February 2012 07:03:49PM *  5 points [-]

The issue is that Confrontation clause != hearsay. Confrontation rights belong to criminal defendants only, while hearsay is an issue in any trial. As you note, hearsay is conceptually a reliability indicator, while Confrontation clause analysis is trying to determine when the government must go through the time and effort to produce a witness at the actual trial.

In general, criminal defendant rights are not well correlated with reliability. For example, suppression of illegally obtained evidence is anti-correlated with accuracy. This piece makes a good point about chaining evidence. As a lawyer, I thought the piece did a great job of highlighting when the legal system does a better job of truth discovery than society as a whole, and the more frequent occurrence when the legal system is just as misguided as ordinary Joe Citizen.

In short, please accept the word of an expert that the discussion under the heading The Hearsay Rule is not about the hearsay rule and is unrelated to the remainder of the excellent piece.