California, United States of America
The following excerpt is from People v. Hawthorne, 14 Cal.Rptr.2d 133, 4 Cal.4th 43, 841 P.2d 118 (Cal. 1992):
Defendant has failed to present a similarly compelling case. To begin with, foundational prerequisites are fundamental to any exception to the hearsay rule. (Chambers v. Mississippi, supra, 410 U.S. at p. 302, 93 S.Ct. at p. 1049; California v. Green (1970) 399 U.S. 149, 154, 90 S.Ct. 1930, 1933, 26 L.Ed.2d 489; cf. Washington v. Texas (1967) 388 U.S. 14, 23, fn. 21, 87 S.Ct. 1920, 1925, fn. 21, 18 L.Ed.2d 1019 [state may provide for testimonial privileges and nonarbitrary rules disqualifying certain witnesses].) As a general proposition, criminal defendants are not entitled to any deference in the application of these constraints but, like the prosecution, "must comply with established rules of procedure and evidence designed to assure both fairness and reliability in the ascertainment of guilt and innocence." ( Chambers v. Mississippi, supra, 410 U.S. at p. 302, 93 S.Ct. at p. 1049.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.