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On Jun 19, 2006, in the consolidated cases of Davis v. Washington and Hammon v. Indiana (hereafter simply Davis), the Supreme Court clarified the constitutional requirements for confrontation of accusers. The Court ruled that the Confrontation Clause generally bars a hearsay statement elicited by police unless the declarant appears at trial. But the Court made clear that when the emergency ends, a hearsay statement to police cannot surmount the Confrontation Clause unless the declarant appears for cross-examination. So the Davis ruling accomplished a rare feat: it caused consternation among both prosecutors and defense attorneys. The Davis ruling seems more sensible, however, when viewed as a first step toward a new regime for the regulation of hearsay -- a regime in which legislation p...
The U.S. Supreme Court's ruling that the Confrontation Clause bars admission of laboratory reports such as blood-alcohol content tests through the in-court testimony of an analyst who did not personally perform the test was viewed as a major victory by some defense attorneys. But others say it's a limited win from a Court that routinely makes it harder for criminal defendants to prevail.
Prosecutors violated a drug defendant's Confrontation Clause rights when they attempted to prove his prior felony conviction through letters from a state court clerk, the D.C. Circuit has ruled in vacating a firearm conviction. The defendant was convicted of being a felon in possession of a firearm in addition to various drug convictions. To prove his prior felony conviction, the government introduced letters from a state court clerk rather than a certified record.
This note argues that certificates of nonexistence of public record should be considered nontestimonial evidence under Crawford but that criminal defendants should still be able to cross-examine records clerks under circumstances casting doubt on the reliability of such certificates. Part II traces the shift in the Court's Confrontation Clause jurisprudence and then explains the interests protected by this Clause. Part III analyzes certified statements of nonexistence of public record according to the Court's slim precedent on its new "testimonial" test and to the risks they pose to a criminal defendant's right of confrontation. Finally, Part IV advocates a solution that would provide for the cross-examination of records clerks when there is reason to doubt the certificate's reliability...
The addiction field lacks an accepted definition and reliable measure of confrontation. The Alcohol and Drug Confrontation Scale (ADCS) defines confrontation as warnings about the potential consequences of substance use. To assess psychometric properties, 323 individuals entering recovery houses in U.S. urban and suburban areas were interviewed between 2003 and 2005 (20% women, 68% white). Analyses included test-retest reliability, confirmatory factor analysis, and measures of internal consistency. Findings support the ADCS as a reliable way of assessing two factors: internal support and external intensity. Confrontation was experienced as supportive, accurate and helpful. Additional studies should assess confrontation in different contexts.
Six years after the Pentagon cut off Israel from defense technology over concerns about leaks to China, U.S. military support for Israel's missile defenses has produced interceptors capable of knocking out ballistic missiles and harder-to-hit artillery rockets. The prize of U.S.-Israeli missile defense cooperation, the Arrow Missile system, was a major attraction Monday at the annual conference hosted by the American Israel Public Affairs Committee (AIPAC).
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