Document Type
Article
Publication Title
University of Pennsylvania Law Review
Publication Date
12-2012
ISSN
0006-8047
Page Number
1865
Keywords
Davis v. Washington, testimonial statements, evidence, Confrontation Clause
Disciplines
Evidence | Jurisprudence | Law
Abstract
Sharp turns in the Supreme Court's recent Confrontation Clause jurisprudence have left scholars reeling from conflicting emotions: exhilaration, despair, denial, and soon, perhaps, cynical acceptance. While most commentators celebrated the demise of the incoherent Ohio v. Roberts framework, their excitement largely faded as the Court's decisions in Davis v. Washington and Bryant v. Michigan revealed nascent flaws in the evolving doctrine and sharply curtailed the newly revitalized confrontation right.
Recent scholarship strives to reanimate the jurisprudence by expanding the doctrinal definition of "testimonial" statements - the sole form of evidence Associate Professor, William & Mary Law School. I would like to thank Jeffrey Fisher, Richard Friedman, and Josephine Ross for their comments on an earlier draft of this Article. Donna Bowman, Rachel Castillo, and Brandon Horowitz contributed valuable research assistance. This Article would not have been possible without the patience and support of Catherine Zoe Garrett.
Recommended Citation
Jeffrey Bellin,
The Incredible Shrinking Confrontation Clause, 92 University of Pennsylvania Law Review. 1865
(2012)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1673