Download this Paper Open PDF in Browser

Further Confusion Over Confrontation

5 Pages Posted: 21 Apr 2011 Last revised: 11 Jul 2013

Craig Bradley

Indiana University Maurer School of Law

Date Written: 2011

Abstract

This article analyzes the recent Supreme Court decision in Michigan v. Bryant. It concludes that the dissent is correct in concluding that the victim’s statement in this case was primarily for the purpose of developing a case against the defendant, not to defuse an emergency, and consequently was “testimonial” and shouldn’t have been admitted into evidence. More importantly, it argues that the Supreme Court’s “testimonial/non-testimonial” misses the point of the Sixth Amendment and should be abandoned, in favor of an approach that focuses on the defendant’s need to cross-examine.

Keywords: Sixth Amendment, Confrontation Clause, Emergency Exception

Suggested Citation

Bradley, Craig, Further Confusion Over Confrontation (2011). Trial Magazine, June 2011; Indiana Legal Studies Research Paper No. 193. Available at SSRN: https://ssrn.com/abstract=1815511

Craig Bradley (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Paper statistics

Downloads
70
Rank
282,105
Abstract Views
604