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NCJ Number: 31770 Find in a Library
Title: CONSTITUTIONAL RESTRAINTS ON THE EXCLUSION OF EVIDENCE IN THE DEFENDANT'S FAVOR - THE IMPLICATIONS OF DAVIS V ALASKA
Journal: MICHIGAN LAW REVIEW  Volume:73  Issue:8  Dated:(AUGUST 1975)  Pages:1465-1491
Author(s): ANON
Corporate Author: Michigan Law Review Assoc
United States of America
Date Published: 1975
Page Count: 27
Sponsoring Agency: Michigan Law Review Assoc
Ann Arbor, MI 48109
Format: Article
Language: English
Country: United States of America
Annotation: THIS NOTE EXAMINES THE 1974 U.S. SUPREME COURT DECISION WHICH HELD THAT THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT PROTECTS THE ABILITY OF A DEFENDANT TO CROSS EXAMINE A CRUCIAL GOVERNMENT WITNESS FOR POSSIBLE BIAS.
Abstract: SPECIFICALLY, THE COURT FOUND THAT A STATUTE PROHIBITING THE ADMISSION INTO EVIDENCE OF JUVENILE RECORDS, WHICH OPERATED TO PREVENT AN EFFECTIVE CROSS-EXAMINATION, VIOLATED THE RIGHT OF CONFRONTATION. THE AUTHOR STATES THAT THIS DECISION IN DAVIS V. ALASKA REPRESENTS A CONTINUATION OF A LINE OF SUPREME COURT DECISIONS FINDING VIOLATIONS OF THE RIGHT OF CONFRONTATION IN TRIAL COURT EVIDENTIARY RULINGS. WHILE IT IS NOT THE FIRST CASE HOLDING THAT THE RIGHT OF CONFRONTATION GUARANTEES MORE THAN A TRIAL PROCEDURE ALLOWING PHYSICAL CONFRONTATION AND SOME CROSS-EXAMINATION, IT IS THE FIRST TO BASE A DETERMINATION THAT THE RIGHT OF CONFRONTATION WAS VIOLATED ON AN EXPLICIT EXAMINATION OF THE EFFECTIVENESS OF A LINE OF CROSS-EXAMINATION. THE AUTHOR STATES THAT THE IMPLICATIONS AND POSSIBLE APPLICATIONS OF DAVIS ARE BROAD, FOR BY ANNOUNCING THAT THE CONFRONTATION CLAUSE GUARANTEES A RIGHT OF EFFECTIVE CROSS-EXAMINATION THE DECISION NECESSARILY EXPANDS APPELLATE COURT (AND COLLATERAL) REVIEW OF THE VARIOUS LIMITATIONS ON CROSS EXAMINATION IMPOSED BY TRIAL COURTS. THIS NOTE, FIRST, EXAMINES THE DAVIS METHODOLOGY FOR DETERMINING WHETHER A FORECLOSED LINE OF CROSS-EXAMINATION WARRANTS PROTECTION BY THE CONFRONTATION CLAUSE, AND SUGGESTS A TEST EMPLOYABLE BY REVIEWING COURTS FOR MAKING THAT DETERMINATION. THEN, THE NOTE SKETCHES THE CONTOURS OF THE CLASH, PREFIGURED BY DAVIS, BETWEEN THE RIGHT OF CONFRONTATION AND THE LIMITATIONS ON CROSS-EXAMINATION THAT RESULT FROM BOTH THE ASSERTION OF TESTIMONIAL PRIVILEGES AND TRIAL COURT RELEVANCE RULINGS. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Constitutional Rights/Civil Liberties; Cross-examination; Defense counsel effectiveness; Effectiveness; Judicial decisions; Rights of the accused; Testimony; Trial procedures; US Supreme Court; Witnesses
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31770

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