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Discussion Question

Many rules of evidence applied in jury trials are derived from early common law, when jurors were largely uneducated. These rules were designed to prevent jurors from hearing evidence that might prejudice their judgment in the case. Given the educational standards in the United States, should these rules be made less restrictive regarding evidence that can be presented in courts? What constitutional problems would arise by allowing hearsay evidence to be presented against a defendant?

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University of Nairobi