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Right to Confrontation: Application of Crawford v. Washington to Documents

5 Pages Posted: 4 Apr 2010 Last revised: 13 Jul 2010

Byron L. Warnken

University of Baltimore School of Law

Date Written: January 13, 2010

Abstract

In 2004, the Supreme Court decided Crawford v. Washington, which “breathed new life” into the Sixth Amendment Confrontation Clause, precluding testimonial hearsay, except under limited circumstances. In 2009 and 2010, the Supreme Court addressed the Crawford prohibition against testimonial hearsay, in the context of forensic analysis laboratory reports, in Melendez-Diaz v. Massachusetts and Briscoe v. Virginia. This five-page 2010 CLE (continuing legal education) brochure is titled “Right to Confrontation: Application of Crawford v. Washington to Documents.” It examines those two Supreme Court cases, as well as 12 post-Melendez cases from around the country (ten state cases and two federal cases), in the context of (1) CDS analysis, (2) breathalyzer results, (3) medical reports, (4) DNA testing, (5) autopsy reports, (6) business records, and (7) driving records.

Keywords: Crawford v. Washington, right to confrontation, criminal law, criminal procedure, Confrontation Clause, constitutional law

JEL Classification: K14, K19, K49

Suggested Citation

Warnken, Byron L., Right to Confrontation: Application of Crawford v. Washington to Documents (January 13, 2010). Available at SSRN: https://ssrn.com/abstract=1583063 or http://dx.doi.org/10.2139/ssrn.1583063

Byron L. Warnken (Contact Author)

University of Baltimore School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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