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Utah House narrows victims'rights constitutional language, adds discovery safeguard on hearsay at preliminary hearings
Summary
Lawmakers debated whether hearsay should be used at preliminary hearings and adopted an amendment to permit hearsay while preserving "appropriate" discovery; supporters said it spares victims retraumatization, opponents warned the term is vague. The amendment passed 41'20 and the resolution advanced to the Senate.
SALT LAKE CITY — On March 2, 1994, the Utah House spent the opening hours of its floor session debating a proposed constitutional amendment to enshrine victims' rights and whether hearsay evidence should be admissible at preliminary hearings. Lawmakers adopted an amendment that inserts the phrase "if appropriate discovery is allowed," a change supporters said would protect victims while allowing courts and prosecutors to preserve defendants' ability to prepare a defense.
The amendment was the focal point of a prolonged exchange. Proponents, including Representative Harwood in summation, argued that the…
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