Monday, November 11, 2013
I am curious when Evidence professors teach the Confrontation Clause, and how much coverage they allot to it. David Sklansky’s teacher’s manual suggests covering the Confrontation Clause after introducing hearsay but before going through the exemptions/exceptions. A quick check of a half dozen textbooks on my shelf found that all the others place the Confrontation Clause reading after the exemptions/exceptions.
Since I’m in the middle of teaching the course for only the second time, I don’t have any developed thoughts about the timing and extent of coverage, and would love to read the comments of those who have taught the class more times about why they have made the choices they’ve made on this subject.
For what it’s worth, I teach a 4 credit Evidence course, we spent about 2.5 hours covering the Confrontation Clause material I assigned, and I cover it after going through the hearsay exceptions. I’m inclined to cut the class time devoted to Confrontation down to 2 hours max next time through, and am open to covering it before we run through 803 and 804.