Digital Commons Network^™

Who Amended The Amendment?, John Olsson

ConLawNOW

The purpose and intent of the Sixth Amendment of the US Constitution has been repeatedly distorted by textualist misinterpretation, orchestrated by elements of the judiciary more concerned with preserving the power of government than the rights of individual defendants. As a result, it is hard to know what the Amendment stands for, since it has been successively re‑interpreted and, effectively, amended for at least the past 80 years and possibly longer. The author argues that it is time for courts to return to the spirit of the laws that actuated the Bill of Rights over two hundred years ago, and …

Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens

ConLawNOW

The Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts heralds a dramatic change for Confrontation Clause jurisprudence and for most criminal trials. Crawford v. Washington held that “testimonial” statements were admissible only if the accused had a prior opportunity to cross-examine the witness. Melendez-Diaz applied this rule to forensic evidence, holding that certificates of analysis – used in a drug trail to prove the nature and weight of the proscribed substances, and sworn to and signed by the analysts who performed the tests – are testimonial.

This article analyzes Melendez-Diaz’s implications for the Court’s Confrontation Clause jurisprudence and for the …