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- Title
CONFRONTATION AND DOMESTIC VIOLENCE POST-DAVIS: IS THERE AND SHOULD THERE BE A DOCTRINAL EXCEPTION?
- Authors
Simon, Eleanor
- Abstract
The article analyzes the Sixth Amendment right of confrontation in the U.S. Constitution in the context of domestic violence cases to address some negative results that have apparently came about. It examines the recent development of the confrontation right in cases such as Davis v. Washington on clarification statements, Crawford v. Washington on testimonial revolution and Giles v. California on forfeiture decision. In the Davis framework, it observes that the state court judges consider a relatively expansive but irregular approach, permitting many testimonial statements while barring others. It recommends that a domestic violence exception must be established in the confrontation doctrine to help prosecute the batterers while adequately protecting the defendant's rights.
- Subjects
UNITED States; DOMESTIC violence laws; UNITED States. Constitution. 6th Amendment; RIGHT of confrontation; CRIMINAL provisions in domestic relations; CRIMINAL defense; DEFENDANTS; STATE courts; LAW
- Publication
Michigan Journal of Gender & Law, 2011, Vol 17, Issue 2, p175
- ISSN
1095-8835
- Publication type
Article