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Tuesday, July 26, 2005

CrimProf Tom Lininger Authors New Oregon Law to Allow Hearsay in Abuse Cases

LiningerIn response to Crawford v. Washington, University of Oregon's Tom Lininger wrote a new law that allows a party to introduce hearsay statements against opponents who wrongfully caused a witness's unavailability.  "The decision in Crawford v. Washington intended to claify the Sixth Amendment right to confront one's accuser by limiting out-of-court statements by absent witnesses.  But battered women, seniors, and children are often frightened to testify in open court against their abusers--and this fear is justified.  Lininger said Oregon had to fix state law so that it protected a defendant's constitutional rights while allowing victims to stay out of physical reach of their assailants. 'If a witness isn't available because she has been threatened by the defendant, then the defendant shouldn't be protected by hearsay rules.  The Sixth Amendment is a shield, not a sword,' Lininger said.  In a prior legislative session, Lininger authored a successful bill that created new criminal penalties for drug-induced rape." More on Lininger and Oregon's new law... [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/07/mark_crimprof_t.html

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» Oregon Tries End Run Around Crawford from Injustice Anywhere . . .
CrimProf Blog writes up a story about a criminal procedure professor in Oregon who drafted a law recently passed in Oregon which amends its Rules of Evidence to allow hearsay statements made my an alleged victim to be admitted, over a Crawford confro... [Read More]

Tracked on Jul 28, 2005 2:27:22 PM