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Flow Chart For Hearsay And The Confrontation Clause 'Crawford Through Bernadyn' (April 18, 2012). University Of Baltimore School Of Law Legal Studies Research Paper, Lynn Mclain
All Faculty Scholarship
A series of flowcharts outline the nuances of hearsay law and the Confrontation Clause.
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Articles by Maurer Faculty
Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered …
Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers
Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers
Faculty Scholarship
No abstract provided.
Confrontation And Forensic Laboratory Reports, Round Four, Richard D. Friedman
Confrontation And Forensic Laboratory Reports, Round Four, Richard D. Friedman
Articles
Crawford v. Washington radically transformed the doctrine governing the Confrontation Clause of the Sixth Amendment to the Constitution. Before Crawford, a prosecutor could introduce against an accused evidence of a hearsay statement, even one made in contemplation that it would be used in prosecution, so long as the statement fit within a "firmly rooted" hearsay exception or the court otherwise determined that the statement was sufficiently reliable to warrant admissibility. Crawford recognized that the Clause is a procedural guarantee, governing the manner in which prosecution witnesses give their testimony. Therefore, a prosecutor may not introduce a statement that is testimonial …
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Articles
One of the central protections of our system of criminal justice is the right of the accused in all criminal prosecutions "to be confronted with the witnesses against him." It provides assurance that prosecution witnesses will give their testimony in the way demanded for centuries by Anglo-American courts-in the presence of the accused, subject to cross-examination- rather than in any other way. Witnesses may not, for example, testify by speaking privately to governmental agents in a police station or in their living rooms. Since shortly after it was adopted, however, the confrontation right became obscured by the ascendance of a …