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The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Thomas D. Lyon
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
Thomas D. Lyon
A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial. A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse. Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability"). The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …