Forfeiture after Giles: The Relevance of 'Domestic Violence Context'

Deborah Tuerkheimer

Northwestern University - Pritzker School of Law

August 6, 2009

Lewis & Clark Law Review, Vol. 13, p. 711, 2009

This contribution to Lewis and Clark's symposium issue on California v. Giles contemplates the future of domestic violence prosecution in a period of uncertainty. Giles, the United States Supreme Court’s most recent pronouncement impacting the prosecution of domestic violence, has exposed deep judicial ambivalence about the newly transformed Confrontation Clause. This Article endeavors to guide lower courts in the task of implementation and to chart a course for the evolution of prosecutorial treatment of battering, concluding that Giles represents a significant opportunity for those concerned about the constraints Crawford v. Washington and Davis v. Washington had seemed to place on the prosecution of abuse. For the first time, the Court has identified "the domestic violence context" as a relevant construct, thereby compelling lower courts to grapple with the particularities of violence between intimates. This is a remarkable shift in relatively short order, and it allows us to glimpse the possibility of a jurisprudence informed by the realities of battering.

Number of Pages in PDF File: 21

Keywords: confrontation, Giles, domestic violence, prosecution

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Date posted: October 28, 2008 ; Last revised: September 23, 2009

Suggested Citation

Tuerkheimer, Deborah, Forfeiture after Giles: The Relevance of 'Domestic Violence Context' (August 6, 2009). Lewis & Clark Law Review, Vol. 13, p. 711, 2009. Available at SSRN: http://ssrn.com/abstract=1288122

Contact Information

Deborah Tuerkheimer (Contact Author)
Northwestern University - Pritzker School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States

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