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Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause?

20 Pages Posted: 25 Jan 2012  

Ronald J. Coleman

Georgetown University Law Center

Paul F. Rothstein

Georgetown University Law Center

Date Written: January 22, 2012

Abstract

This article comprises a four-part debate between Paul Rothstein, Professor of Law at Georgetown Law Center, and Ronald J. Coleman, who works in the litigation practice group at Cleary Gottlieb Steen & Hamilton LLP, on Williams v. Illinois, a Supreme Court case that involves the Confrontation Clause, which entitles a criminal defendant to confront an accusing witness in court. The issue at hand is whether said clause is infringed when a report not introduced into evidence at trial is used by an expert to testify about the results of testing that has been conducted by a non-testifying third party.

The debate, originally published on Public Square.net, includes the following parts:

  • Part 1: Ronald J. Coleman: Dexter’s Dilemma: Rule 703 Does Not Violate the Confrontation Clause

  • Part 2: Paul Rothstein: Surrogate Witnesses Just Won’t Cut It: A Response to Ronald Coleman

  • Part 3: Ronald J. Coleman: More on Williams v. Illinois: A Response to Paul Rothstein

  • Part 4: Paul Rothstein: Williams v. Illinois: Responses to Coleman’s Arguments

Keywords: Confrontation Clause, Criminal Law, Criminal Procedure, Evidence, Expert Testimony, Supreme Court

JEL Classification: K14, K40

Suggested Citation

Coleman, Ronald J. and Rothstein, Paul F., Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause? (January 22, 2012). Georgetown Public Law Research Paper No. 12-007. Available at SSRN: https://ssrn.com/abstract=1982673

Ronald J. Coleman

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Paul F. Rothstein (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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