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

33 Pages Posted: 8 Oct 2010

Date Written: 1991

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

Suggested Citation

Scallen, Eileen A., Constitutional Dimensions of Hearsay Reform: Toward a Three-Dimensional Confrontation Clause (1991). Minnesota Law Review, Vol. 76, p. 623, 1991-1992, William Mitchell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1688624

Eileen A. Scallen (Contact Author)

UCLA School of Law ( email )

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