5 Pages Posted: 4 Apr 2010 Last revised: 13 Jul 2010
Date Written: January 13, 2010
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: 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