Thank you for sharing!

Your article was successfully shared with the contacts you provided.
U.S. Senate Chamber. Credit: Architect of the Capitol. U.S. Senate Chamber. Credit: Architect of the Capitol.

Now that an impeachment trial in the Senate is imminent, what would it look like if Chief Justice John Roberts conducted it like a federal criminal trial with a properly instructed jury? It won’t be, of course, but you can bet that politicians on both sides of the aisle will be talking about what is and isn’t hearsay, how to determine intent, the significance of circumstantial evidence, what to make of missing witnesses, and generally, what evidence is reliable.

While the Senate trial will definitely not be governed by the Federal Rules of Evidence, it’s worth looking at them if only to see what guidance they provide. They are, after all, the product of many years of common law and statutory revision and exist “to the end of ascertaining the truth and securing a just determination.” Likewise with typical jury instructions used in federal court. So, let’s take a quick spin through the rules and standard instructions and clear up a few things.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Law Firms Mentioned

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.