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- Title
CRAWFORD'S AFTERSHOCK: ALIGNING THE REGULATION OF NONTESTIMONIAL HEARSAY WITH THE HISTORY AND PURPOSES OF THE CONFRONTATION CLAUSE.
- Authors
Smith Jr., Fred O.
- Abstract
The article examines historical sources, such as the common law, as well as the text of the Confrontation Clause of the U.S. Constitution, and concludes that nontestimonial hearsay was one of the ills that the clause was designed to protect against. It proposes a two-tiered approach to interpreting the Confrontation Clause, in which testimonial statements receive the most vigorous form of constitutional scrutiny, but nontestimonial statements receive meaningful scrutiny as well. The article also proposes four interpretive reforms that would bring American courts closer to harmonizing the Confrontation Clause's regulation with the provision's full range of historical and practical values.
- Subjects
UNITED States; RIGHT of confrontation; UNITED States. Constitution; CRIMINAL procedure; HEARSAY evidence; DEFENDANTS
- Publication
Stanford Law Review, 2008, Vol 60, Issue 5, p1497
- ISSN
0038-9765
- Publication type
Article