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- Title
THROWING STONES FROM WITHIN A GLASS HOUSE: WHY THE PROCEDURAL APPROACH TO CONFRONTATION FAILS TO REMEDY THE ILLS OF THE INDICIA OF RELIABILITY TEST, AND AN ARGUMENT FOR A BALANCED RULE.
- Authors
Eddy, Gordon
- Abstract
The author focuses on the decision of the U.S. Supreme Court on the case Crawford versus Washington, which, he claims, effected what purported to be a drastic change in Confrontation Clause jurisprudence. He cites the refusal of the Court to articulate a working definition of testimonial in the case. He mentions that the decision does little to ensure the reliability of a statement. He also suggests for the testimonial distinction to be a starting point for Constitutional Clause analysis.
- Subjects
UNITED States; LEGAL judgments; CRAWFORD v. Washington; RIGHT of confrontation; WITNESSES; TRUTHFULNESS &; falsehood; UNITED States. Supreme Court
- Publication
Albany Law Review, 2008, Vol 71, Issue 4, p1287
- ISSN
0002-4678
- Publication type
Article