A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves

8 Pages Posted: 9 Jul 2015

Date Written: 2015

Abstract

In Ohio v. Clark, decided this week, the U.S. Supreme Court held admissible in defendant’s criminal trial for child abuse, a teacher’s testimony that the three-year-old victim, upon being pressed for an answer, told his pre-school teacher that the defendant was responsible for the physical abuse noted by the teachers on the child. This on-the-stand report of the child’s out-of-court statement, was admissible even though the child did not take the witness stand for possible cross examination and jury scrutiny of his demeanor to gauge his accuracy.

Keywords: criminal law, constitutional law, Supreme Court, Confrontation Clause, testimonies

JEL Classification: K00, K30, K39

Suggested Citation

Rothstein, Paul F., A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves (2015). Available at SSRN: https://ssrn.com/abstract=2627748 or http://dx.doi.org/10.2139/ssrn.2627748

Paul F. Rothstein (Contact Author)

Georgetown University Law Center ( email )

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

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