CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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]

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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