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The Confrontation Clause & State Action

SMU Law Review
The Sixth Amendment’s Confrontation Clause works in conjunction with the right to counsel and trial by jury to protect the people against the government’s abuse of its prosecutorial monopoly. However, the history of the Court’s Confrontation Clause jurisprudence has not always focused on the Sixth Amendment’s goal of limiting government power and was ...
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The confrontation clause and the child victim of sexual abuse

Child & Adolescent Social Work Journal, 1994
Courtroom proceedings for child sexual abuse often represent a morass of conflicting rights and counterproductive justice. Within this article, conflicting rights of adults and children regarding courtroom testimony are explored with an interest in assessing the effects of testifying for children and addressing the process of making children's ...
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Don't Blame Crawford or Bryant: The Confrontation Clause Mess is All Davis' Fault

SSRN Electronic Journal, 2012
In Michigan v. Bryant, a dying victim lying in a parking lot provided responding officers with the identity of the man who shot him. In determining whether the subsequent use of the deceased declarant’s statement at trial violated the Confrontation Clause, the Bryant Court applied the testimonial versus nontestimonial analysis established in the Court ...
Deborah Ahrens, John Mitchell
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Giles v. California: A Move Toward Equilibrium in Confrontation Clause Jurisprudence

SSRN Electronic Journal, 2009
In Giles v. California, the Supreme Court of the United States considered whether California’s interpretation of the doctrine of forfeiture by wrongdoing, obviating purposeful intent, was an established exception to the Confrontation Clause at the time of the founding.
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Child witnesses and the confrontation clause: The American Psychological Association brief in Maryland v. Craig..

Law and Human Behavior, 1991
InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront
Gail S. Goodman, Murray Levine, Gary B. Melton, David W. Ogden   +3 more
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'Witnesses' in the Confrontation Clause: Crawford v. Washington, Noah Webster, and Compulsory Process

SSRN Electronic Journal, 2005
Crawford v. Washington changed how the Confrontation Clause is interpreted. Crawford has drawn commentary primarily about the meaning of "testimonial statements," its key, but undefined, concept and its historical analysis, which formed a foundation for the decision.
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Flow Chart for Hearsay and the Confrontation Clause 'Crawford Through Bernadyn'

SSRN Electronic Journal, 2012
This paper was prepared for a course to be given to the Maryland Judicial Institute on April 18, 2012. The flow chart format with detailed explanations will be helpful to legal professionals in analysing the problems facing them with regard to the use of hearsay, and the confrontation clause in court proceedings.
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The Credibility-Based Evaluative Purpose: Why Rule 703 Disclosures Don't Offend the Confrontation Clause

SSRN Electronic Journal, 2013
This article is the first scholarly writing to argue that when expert witnesses disclose testimonial statements in accordance with Federal Rule of Evidence 703 they do not violate the Sixth Amendment’s Confrontation Clause. Of the many distinguished scholars who have considered this issue — among them Richard Friedman and Jennifer Mnookin — all have ...
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Solution to Confrontation Clause 'Testimonial' v. 'Nontestimonial' Dilemma: A Roberts and Crawford Combined Approach

SSRN Electronic Journal, 2019
Crawford, in support of its rejection of the Robert’s reliability approach in favor of a “testimonial” “nontestimonial” dichotomy, states that the confrontation clause was incorporated in the Sixth amendment to address a principal evil — “the civil law mode of criminal procedure, and particularly its use of ex parte examinations as evidence against the
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Examining individual variation in learner production data: A few programmatic pointers for corpus-based analyses using the example of adverbial clause ordering

Applied Psycholinguistics, 2021
Stefan Th Gries, Stefanie Wulff
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