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What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
University of Massachusetts Law Review
This article analyzes the Sixth Amendment right to confrontation, admission of hearsay statements, and the effect of the Davis decision on the prosecution of domestic violence cases. Part II discusses the history of the Confrontation Clause. Part III discusses hearsay prior to Crawford. Parts IV, V, and VI discuss the landmark cases Crawford v. Washington, Commonwealth v. Gonsalves, and Davis v. Washington, respectively, with regard to whether statements made to police are admissible when the declarant is not available to testify at trial. The reasons why the Supreme Court’s extension of the Confrontation Clause is unwarranted are contained …
Supreme Court, Bronx County, People V. Paul, Adam D'Antonio
Supreme Court, Bronx County, People V. Paul, Adam D'Antonio
Touro Law Review
No abstract provided.
The (Un?)Constitutionality Of Compelling Non-Immunized Testimony In Deceptive Trade Practices Investigations Conducted By The Attorney General Of The State Of Arkansas, Terrence Cain
University of Arkansas at Little Rock Law Review
No abstract provided.
Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders
Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders
University of Michigan Journal of Law Reform
Felony sentencing courts have discretion to increase punishment based on un-cross-examined testimonial statements about several categories of uncharged, dismissed, or otherwise unproven criminal conduct. Denying defendants an opportunity to cross-examine these categories of sentencing evidence undermines a core principle of natural law as adopted in the Sixth Amendment: those accused of felony crimes have the right to confront adversarial witnesses. This Article contributes to the scholarship surrounding confrontation rights at felony sentencing by cautioning against continued adherence to the most historic Supreme Court case on this issue, Williams v. New York. This Article does so for reasons beyond the unacknowledged …
The Limits Of Textualism In Interpreting The Confrontation Clause, Stephanos Bibas
The Limits Of Textualism In Interpreting The Confrontation Clause, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The Mold That Shapes Hearsay Law, Richard D. Friedman
The Mold That Shapes Hearsay Law, Richard D. Friedman
Articles
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …