Abstract

http://ssrn.com/abstract=1288122
 


 



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


Deborah Tuerkheimer


Northwestern University - School of Law

August 6, 2009

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

Abstract:     
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

Accepted Paper Series





Download This Paper

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 - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,095
Downloads: 124
Download Rank: 137,724

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds