Should Forfeiture of Confrontation Clause Objection and Hearsay Objection with Respect to State of Mind Accusatory Statement by Battered Spouse Apply in Spousal Murder Case?: Crawford/Davis and Fed.R.Evid. 803(3) and 804(b)(6)

Criminal Law Bulletin #10, Vol. 43, No. 5, p. 771, September/October 2007

University of Miami Legal Studies Research Paper No. 2008-12

80 Pages Posted: 21 Feb 2008 Last revised: 25 Mar 2008

See all articles by Michael H. Graham

Michael H. Graham

University of Miami - School of Law

Abstract

Pursuant to the Confrontational Clause, Federal Rules of Evidence 804(b)(6) and good public policy, forfeiture by wrongdoing making admissible otherwise barred statements of an unavailable declarant should apply solely when the conduct of the accused was intended to procure the unavailability of the declarant. Accordingly, forfeiture by wrongdoing should not be found applicable to an unavailable declarant's statements in a trial where the criminal defendant is being tried for a crime that resulted in the witness being unavailable, e.g., a spouse's murder. Forfeiture by wrongdoing applies solely in a trial for a different crime about which the defendant allegedly feared that the now unavailable declarants would testify.

Suggested Citation

Graham, Michael H., Should Forfeiture of Confrontation Clause Objection and Hearsay Objection with Respect to State of Mind Accusatory Statement by Battered Spouse Apply in Spousal Murder Case?: Crawford/Davis and Fed.R.Evid. 803(3) and 804(b)(6). Criminal Law Bulletin #10, Vol. 43, No. 5, p. 771, September/October 2007, University of Miami Legal Studies Research Paper No. 2008-12, Available at SSRN: https://ssrn.com/abstract=1096178

Michael H. Graham (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
59
Abstract Views
639
rank
421,965
PlumX Metrics