New Jersey’s Supreme Court says the state should join the majority of other U.S. jurisdictions that recognize a hearsay exception for out-of-court statements by witnesses who have been intimidated against testifying.
The court on Thursday asked the Legislature and Gov. Jon Corzine to enact an exception to the hearsay rule — known as the forfeiture-by-wrongdoing doctrine — in view of increased witness intimidation, especially by gangs. The exception would apply when criminal defendants have threatened witnesses to the point that they fear injury or death to themselves or their family members.
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