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Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait
Campbell Law Review
Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from …
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Campbell Law Review
No abstract provided.
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Campbell Law Review
This note discusses the facts of Idaho v. Wright, examines the history of the admissibility of hearsay under the Confrontation Clause, and analyzes the Wright decision. This note concludes that by excluding the use of corroborative evidence in determining the trustworthiness of non-firmly rooted hearsay, the Court enhances Confrontation Clause protection for criminal defendants, but perhaps at the expense of some crime victims, such as sexually abused children.
Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.
Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.
Campbell Law Review
This Note proposes that those statutes which permit admission of videotaped testimony and most uses of closed-circuit televised testimony violate a criminal defendant's sixth amendment right to "confront his accusers." In Coy v. Iowa, the United States Supreme Court recently held that one state's practice of shielding the defendant from the view of the child witness during the child's testimony violated the defendant's right to confrontation. Following the Court's analysis, this Note discusses the various problems arising from the use of videotaped or closed-circuit televised testimony. Concluding that the admission of such testimony is not a constitutionally permissible substitute …