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The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros Jul 2005

The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros

All Faculty Scholarship

Crawford v. Washington was a groundbreaking decision that radically redefined the scope of the Confrontation Clause. Nowhere has the impact of Crawford and the debate over its meaning been stronger than in the context of domestic violence prosecutions. The particular circumstances that surround domestic violence cases 911 calls that record cries for help and accusations, excited utterances made to responding police officers, and the persistent reluctance of complaining witnesses to cooperate with prosecutors -- combine to make the introduction of "out-of-comment statements" a critical component of many domestic violence prosecutions. Because domestic violence cases are subject to a unique set …


Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter Jan 2005

Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter

University of Arkansas at Little Rock Law Review

No abstract provided.


Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries Jan 2005

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Seattle University Law Review

The article explores the Crawford decision in the context of victimless prosecutions. Part II discusses current trends in victimless domestic violence prosecution and the power and control dynamics of domestic violence relationships, including how these dynamics relate to, and create the need for, victimless prosecutions. Part III discusses the Crawford decision. Part IV explores possible interpretations of Crawford within the context of victimless domestic violence prosecutions. Part V explains why courts should interpret Crawford in a way that allows prosecutors to continue to prosecute batterers without a participating victim.