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Revista Institutului Naţional de Justiţie, 2016 The Sixth Amendment to the United States Constitution enumerates a cluster of rights granted to criminal defendants and is designed to make criminal prosecutions more accurate, fair, and legitimate.
Tkachuk Sviatoslav
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Confronting Science: Expert Evidence and the Confrontation Clause [PDF]
The Supreme Court Review, 2013 ion may be puzzled at the missing chapters.”). 93 1 McCormick § 190 (cited in note 92). 94 In some situations, evidence that completes the story is not hearsay. This occurs when an out-of-court statement truly is introduced solely for its effect on the hearer.
Mnookin, Jennifer, Kaye, David
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The Confrontation Clause: Get Raleigh Right - Overrule Crawford
SSRN Electronic Journal, 2019 Crawford v. Washington, 542 U.S. 36 (2004), is the latest in a series of misconceived confrontation holdings. Its 'testimonial' hearsay standard has created endless confusion and done nothing to protect the rights of defendants nor the needs of fair jury trials. Constitutional confrontation requires legal sufficiency of proof. A crime may not be proved
Fern L. Nesson, Charles R. Nesson
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CHILD WITNESSES AND THE CONFRONTATION CLAUSE. [PDF]
J Crim Law Criminol, 2012 After the Supreme Court's ruling in Crawford v. Washington that a criminal defendant's right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or ...
Lyon TD, Dente JA.
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The 'Double Feature' of Hearsay and the Confrontation Clause, Plus Coming Attractions
SSRN Electronic Journal, 2008 The paper addresses the Rules of Evidence and the Constitution: How Do the Pieces Fit Together? Hearsay Law (Both Civil and Criminal Cases), The Confrontation Right after Crawford v. Washington (Criminal Trials Only), United States v. Washington: When is a Writing Not an OCS of a Person, So that Neither the Hearsay Rule Nor the Confrontation Clause ...
Lynn McLain
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The Confrontation Clause after Crawford v. Washington
SSRN Electronic Journal, 2007 The paper discusses the Confrontation Clause in light of the Crawford v. Washington decision, and addresses the following questions: When Does the Clause Apply? How Can the Clause Be Satisfied? How Does the Confrontation Clause Relate to the Hearsay Rule? What If the Hearsay Evidence is Nontestimonial?
Lynn McLain
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Michigan Law Review, 2016 In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a ...
Joseph Celentino
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A Reflection on the Practice of the Guardian Council in Examining the Jurisprudential Requirements Relevant to International Treaties [PDF]
پژوهشنامه حقوق اسلامی, 2023 ∴ Introduction ∴ The Iranian legal landscape is deeply rooted in Islamic principles, with the Constitution of the Islamic Republic of Iran enshrining many principles that affirm the integration of the legal system with Islamic norms.
Abbas Ali Kadkhodaei Elyaderani +2 more
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Interaction of European Union law and Hungarian constitutional law
Гуманитарные и юридические исследования, 2022 The article examines the history and current state of interaction between EU law and Hungarian constitutional law. Approaches to such interaction that have developed at the national and supranational levels are consistently studied.
Ya. I. Lebedeva
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Journal of Forensic Science and Medicine, 2018 Crawford is a watershed case separating hearsay exceptions and confrontation. Overruling Roberts, Crawford established a new bright-line test for Confrontation Clause.
Xingyi Wang
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