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Law Enforcement and Corrections Commons™
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- Admissible (1)
- Anglo-American law (1)
- Criminal constitutional jurisprudence (1)
- Disciplinary hearings (1)
- Disciplinary sanction (1)
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- Due process (1)
- Due process analysis (1)
- Hearsay (1)
- Mathews v. eldridge (1)
- Moral (1)
- Out-of-court statements (1)
- Prison disciplinary hearings (1)
- Some evidence (1)
- Standard of proof (1)
- Superintendent v. hill (1)
- Supreme Court’s Confrontation Clause jurisprudence (1)
- Testimonial (1)
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- Washington state disciplinary hearings (1)
- Washington state prisons (1)
- Washington state supreme court (1)
Articles 1 - 2 of 2
Full-Text Articles in Law Enforcement and Corrections
The Dignitary Confrontation Clause, Erin Sheley
The Dignitary Confrontation Clause, Erin Sheley
Washington Law Review
For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …
Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker
Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker
Washington Law Review
Prison disciplinary hearings have wide-reaching impacts on an incarcerated individual’s liberty. A sanction following a guilty finding is a consequence that stems from hearings and goes beyond mere punishment. Guilty findings for serious infractions, like a positive result on a drug test, can often result in a substantial increase in prison time. Before the government deprives an incarcerated individual of their liberty interest in a shorter sentence, it must provide minimum due process. However, an individual can be found guilty of serious infractions in Washington State prison disciplinary hearings under the “some evidence” standard of proof—a standard that allows for …