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Full-Text Articles in Law
Beyond Admissibility: Real Confrontation, Virtual Cross-Examination And The Right To Confront Hearsay, John G. Douglass
Beyond Admissibility: Real Confrontation, Virtual Cross-Examination And The Right To Confront Hearsay, John G. Douglass
Law Faculty Publications
Part I of this Article describes how the Court turned the Confrontation Clause into a rule excluding unreliable hearsay, culminating in the 1980 decision in Ohio v. Roberts, in which the Court set out the "general approach" that dominates confrontation-hearsay analysis today. Part II assesses the application of the Court's exclusionary rule in the two decades since Roberts, a period during which the Confrontation Clause largely has merged with, and disappeared into, the law of evidence, in the process losing its significance as an independent protection for the accused in an adversarial system. Part III argues that the Court's choice …
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Public Interest Law Review
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Journal of Law and the Public Interest
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …