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- Title
Confronting Crawford v. Washington in the Lower Courts.
- Authors
KEENAN, DYLAN O.
- Abstract
Crawford v. Washington is arguably the most significant criminal procedure decision of the last decade. Critics have argued that the Crawford line is a doctrinal muddle that has led to arbitrary and unpredictable results in the lower courts. I respond to this critique by presenting results from the first large-scale empirical analysis of post-Crawford Confrontation Clause cases in the lower courts. The results show that courts have emphasized two factors - the presence of a state actor and the presence of an injured party - to evaluate whether a statement is testimonial under Crawford. I then argue that, contrary to conventional wisdom, these results are not ambiguous or contradictory but instead consistent with the reasoning of Crawford and the underlying purposes of the Confrontation Clause.
- Subjects
UNITED States; CRAWFORD v. Washington; CONSTITUTIONAL law; APPELLATE procedure; CRIMINAL procedure; LEGAL testimony
- Publication
Yale Law Journal, 2012, Vol 122, Issue 3, p782
- ISSN
0044-0094
- Publication type
Article