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- Title
Confrontation and the Law of Evidence: Can the Language Conduit Theory Survive in the Wake of Crawford?
- Authors
Xu, Tom S.
- Abstract
The article discusses the U.S. Constitution's (USC's) Confrontation Clause and America's evidence laws in the wake of the U.S. Supreme Court's ruling in the 2004 case Crawford v. Washington which deals with the "testimonial statements" of unavailable witnesses, focusing on various American courts' treatments of a "language conduit theory" involving the reliability of out-of-court, translated statements that are offered against criminal defendants. The Sixth Amendment to the USC is examined.
- Subjects
UNITED States; CONFRONTATION clause (Law); PHILOSOPHY of language; LEGAL evidence; CRAWFORD v. Washington; LEGAL evidence reliability; LEGAL testimony; UNITED States. Constitution. 6th Amendment; WITNESSES; LEGAL status of witnesses; ACTIONS &; defenses (Law)
- Publication
Vanderbilt Law Review, 2014, Vol 67, Issue 5, p1497
- ISSN
0042-2533
- Publication type
Article