Applying Crawford's Confrontation Right in a Digital Age
Texas Tech Law Review, Vol. 45, p. 33, 2012
17 Pages Posted: 11 May 2012 Last revised: 8 Jan 2015
Date Written: May 10, 2012
Abstract
Much of the recent commentary on the Confrontation Clause focuses on the past. Commentators (and Supreme Court Justices) evaluate the evolving jurisprudence by comparing the confrontation right articulated in Crawford v. Washington and its progeny to the right that existed in 1791. This Symposium Essay shifts the focus to the future, exploring how the Supreme Court’s new Confrontation Clause jurisprudence will operate in a world where communication is increasingly informal and electronic.
Keywords: confrontation, Crawford, Bryant, Facebook, Twitter, texting, social media, Sixth Amendment, Raleigh
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