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Full-Text Articles in Law

Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti Jul 2015

Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti

Akron Law Review

"THE SIXTH AMENDMENT to the Constitution states that "[iln all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him .... ." This seems simple and absolute, but case law has proven it to be neither; almost every phrase has been dissected and interpreted by courts and commentators. In fact, there may be more law review articles on this subject than there are cases.1 Some of the questions that could be asked are: What is meant by "all criminal prosecutions?" Does this require confrontation in preliminary hearings? Does "shall enjoy the …


Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince Mar 2013

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz Dec 2012

Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz

Touro Law Review

No abstract provided.


Appellate Division, First Department - People V. Williams, Brian E. Peterson Dec 2012

Appellate Division, First Department - People V. Williams, Brian E. Peterson

Touro Law Review

No abstract provided.


Criminal Justice, Akhil Reed Amar Mar 2012

Criminal Justice, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller Jan 2007

Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller

Publications

No abstract provided.


Expanding Forfeiture Without Sacrificing Confrontation After Crawford, Joshua Deahl Dec 2005

Expanding Forfeiture Without Sacrificing Confrontation After Crawford, Joshua Deahl

Michigan Law Review

The central holding of Crawford v. Washington is fairly straightforward: The Confrontation Clause bars the admission of out-of-court testimonial statements unless the defendant had a prior opportunity to cross-examine the witness. Crawford, however, has an often overlooked caveat. In renouncing numerous exceptions to the confrontation right, the Court rejected only those that purport to test the reliability of testimonial statements. It left equitable exceptions undisturbed. As the Court pointed out, "[T]he rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds." The parameters of the rule of forfeiture are a matter of some dispute. …


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.


A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman Jun 1991

A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman

West Virginia Law Review

No abstract provided.


Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue Jul 1986

Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue

University of Arkansas at Little Rock Law Review

No abstract provided.


Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham Nov 1985

Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham

University of Miami Law Review

No abstract provided.


Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo Jan 1985

Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo

Villanova Law Review

No abstract provided.