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Right of confrontation

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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 …


Sixth Amendment; Right Of Confrontation Limitations On The Bruton Rule; Parker V. Randolph, Edward P. Mazak Jul 2015

Sixth Amendment; Right Of Confrontation Limitations On The Bruton Rule; Parker V. Randolph, Edward P. Mazak

Akron Law Review

In some joint criminal trials the right of one defendant to refrain from self incrimination may come into conflict with the right of another defendant to confront the witnesses against him. The problem arises when one defendant refuses to testify at trial after having made a voluntary, out of court statement which tends to implicate a second defendant. The rules of evidence allow the statement to be introduced at trial only against the party making it; its use against the implicated defendant is excluded as hearsay.' The rules also provide for the court to instruct the jury on the limited …


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.


The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez Jan 2010

The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck Apr 2008

How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck

University of Miami Law Review

No abstract provided.


Crawford/Davis "Testimonial" Interpreted, Removing The Clutter: Application Summary, Michael H. Graham Apr 2008

Crawford/Davis "Testimonial" Interpreted, Removing The Clutter: Application Summary, Michael H. Graham

University of Miami Law Review

No abstract provided.


Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein Oct 2007

Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein

Indiana Law Journal

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.


Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder Oct 2007

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder

Indiana Law Journal

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.


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.


The Right To Submit Testimony Via 911 Emergency After Crawford V. Washington, Sweta Patel Jan 2006

The Right To Submit Testimony Via 911 Emergency After Crawford V. Washington, Sweta Patel

Santa Clara Law Review

No abstract provided.


Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab Dec 2005

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab

West Virginia Law Review

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. …


Crawford V. Washington: A Small Advantage For Criminal Defense In Cases Where Prosecution Seeks To Introduce Hearsay Evidence, Jason W. Eldridge Jan 2005

Crawford V. Washington: A Small Advantage For Criminal Defense In Cases Where Prosecution Seeks To Introduce Hearsay Evidence, Jason W. Eldridge

William Mitchell Law Review

This article will examine the Crawford holding and its effects on hearsay law in criminal trials in Minnesota. First, it will attempt to explain the Crawford holding and the Supreme Court’s analysis. Next, it will examine Crawford’s general effect on the Minnesota Rules of Evidence concerning hearsay. Then, this article will consider Crawford’s effect upon criminal cases and some of the arguments it presents for criminal defense attorneys and prosecutors. Finally, this article will conclude that the Crawford decision is a small boon for criminal defense attorneys.


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.


The Future Implications Of Lilly V. Virginia, Jennifer Christianson Jul 2001

The Future Implications Of Lilly V. Virginia, Jennifer Christianson

University of Miami Law Review

No abstract provided.


A Response To Professor Mueller, Jennifer Christianson Jul 2001

A Response To Professor Mueller, Jennifer Christianson

University of Miami Law Review

No abstract provided.


The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman Jul 2001

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.


Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson Jul 2001

Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller Jul 2001

Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller

University of Miami Law Review

No abstract provided.


Rebuttal, Bryant M. Richardson Jul 2001

Rebuttal, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


The X Files: Joint Trials, Redacted Confessions And Thirty Years Of Sidestepping Bruton, Judith L. Ritter Jan 1997

The X Files: Joint Trials, Redacted Confessions And Thirty Years Of Sidestepping Bruton, Judith L. Ritter

Villanova Law Review

No abstract provided.


Cross-Examination Jan 1996

Cross-Examination

Touro Law Review

No abstract provided.


Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta Nov 1993

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.


White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan Sep 1993

White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan

Louisiana Law Review

No abstract provided.


A Law And Economics Analysis Of The Right To Face-To-Face Confrontation Post-Maryland V. Craig: Distinguishing The Forest From The Trees, Peter T. Wendel Jan 1993

A Law And Economics Analysis Of The Right To Face-To-Face Confrontation Post-Maryland V. Craig: Distinguishing The Forest From The Trees, Peter T. Wendel

Hofstra Law Review

No abstract provided.


Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer Jul 1992

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.


Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski Sep 1991

Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski

University of Miami Law Review

No abstract provided.