The Confrontation Clause after Crawford v. Washington

19 Pages Posted: 9 Jul 2010 Last revised: 13 Jul 2010

See all articles by Lynn McLain

Lynn McLain

University of Baltimore - School of Law

Date Written: May 2, 2007


The paper discusses the Confrontation Clause in light of the Crawford v. Washington decision, and addresses the following questions: When Does the Clause Apply? How Can the Clause Be Satisfied? How Does the Confrontation Clause Relate to the Hearsay Rule? What If the Hearsay Evidence is Nontestimonial? What Did Crawford and Davis HoId as to Whether a Statement is Testimonial or Nontestimonial? How Did the Maryland Court of Appeals Interpret Crawford in Snowden? What About "Business Records" of the State? How Are Prosecutors and Domestic Violence Victim-Advocates Likely to Adapt to these Charges? Forfeiture of Right to Object? How Can We Analyze Whether Statements Outside the Holdings of Crawford and Davis are Testimonial?

Keywords: Confrontation Clause, Crawford v. Washington, evidence, constitutional law, courts, procedure, hearsay evidence, forfeiture of right to object, Hearsay rule

JEL Classification: K14, K19, K39, K49

Suggested Citation

McLain, Lynn, The Confrontation Clause after Crawford v. Washington (May 2, 2007). Available at SSRN: or

Lynn McLain (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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