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Another Can Of "Crawford" Worms: Certificates Of Nonexistence Of Public Record And The Confrontation Clause, Keith Hollingshead-Cook
Another Can Of "Crawford" Worms: Certificates Of Nonexistence Of Public Record And The Confrontation Clause, Keith Hollingshead-Cook
Vanderbilt Law Review
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right .. . to be confronted with the witnesses against him."' When the Supreme Court decided Crawford v. Washington in 2004, it established a new standard for assessing the scope of this right and determining when hearsay is admissible as trial evidence against a criminal defendant. Rather than basing decisions regarding a defendant's right to confrontation on a judicial inquiry into the reliability of a particular statement, an approach typified by the Court's earlier decision of Ohio v. …
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn
Barry Law Review
The purpose of this article is to show the error in the majorities’ decision in Melendez-Diaz by approaching the issue from two perspectives. First, by investigating the cases and legal doctrines created by the Supreme Court in the years preceding Melendez-Diaz, this article will demonstrate why the case was erroneously decided. Second, this article explores the possibility that the majority decision was correct and thus the recently devised standard in Crawford v. Washington is inherently flawed. This article will further discuss the prior application of law before the Melendez-Diaz decision, offer analysis on the string of cases that led …