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Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Scholarly Articles
Part I of this Essay describes the systemic indigent defense suits in Michigan and New York, noting their similar but ultimately divergent paths. Part II addresses the question of how systemic litigation in the indigent defense arena is faring in the wake of the Michigan suit. Despite the Michigan setback, this kind of litigation may still be a powerful reform tool in certain jurisdictions. Moreover, in some jurisdictions there will always be the need for litigation simply because it is the only path to reform. I note three jurisdictions where litigation is either already happening in some fashion and/or where …
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
Scholarly Articles
The Confrontation Clause of the Sixth Amendment normally precludes the state from offering a child's "testimonial" hearsay statements into evidence if the child does not testify. An exception to that rule arises, however, if the defendant has engaged in misconduct that results in the forfeiture of the right to confront the child in court. In Giles v California, the United States Supreme Court attempted to clarify what a prosecutor must show in order to invoke the forfeiture doctrine. This Article examines the effect of Giles on the "testimonial" statement of a child declarant who does not testify at the defendant's …