Constitutional Dimensions of Hearsay Reform: Toward a Three-Dimensional Confrontation Clause

Abstract

What are the implications of acknowledging a third dimension to our understanding of the Confrontation Clause and employing a practical reasoning approach to Confrontation Clause cases? When a court considers the full, multidimensional meaning of confrontation, it becomes much more difficult to admit into evidence a statement made out-of-court and out of the physical presence of the defendant. This is a hearsay problem, but in a criminal case it becomes a constitutional problem as well.

Keywords: White v. Illinois, Coy v. Iowa, Sixth Amendment, Cross-Examination, Evidence, Maryland v. Craig