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Univ. of San Diego School of Law

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Sunday, December 6, 2009

Fenner on Today's Confrontation Clause

Fenner michael G. Michael Fenner  (Creighton University School of Law) has posted Today's Confrontation Clause (After Crawford and Melendez-Diaz) on SSRN. Here is the abstract:

In the Sixth Amendment to the United States Constitution, the Confrontation Clause states that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” In recent years the Supreme Court of the United States’s understanding of the meaning of this Clause may well be the single part of constitutional law - certainly of criminal procedure - that has undergone the most radical change.

This Article is about this sharp turn in the law of the Confrontation Clause. After a brief discussion of the history of the Court’s understanding of the Clause, the Article settles into a discussion of its new understanding, as found primarily in the Court’s opinion in 2004’s Crawford v. Washington and its 2009 opinion in Melendez-Diaz v. Massachusetts - a discussion of where the Court’s understanding sits today and where it may be headed. Throughout, the Article deals with the details of the coverage of the Confrontation Clause - when the right attaches and what the Clause requires when the right does attach.

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December 6, 2009 | Permalink | Comments (0)

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December 6, 2009 | Permalink | Comments (0)