Criminal
Mar. 9, 2011
A Blow to the Constitution’s Confrontation Clause
The objective test set by the Supreme Court for Confrontation Clause cases actually opens the door to greater subjectivity from courts.
Louis J. Shapiro
Email: LouisJShapiro@Gmail.com
Louis, a former Los Angeles County Public Defender, is a criminal defense attorney and State Bar-certified criminal law specialist out of Century City. He is also a legal analyst, board member of the California Innocence Project and Project For The Innocence at Loyola Law School, CACJ and LACBA'S Criminal Justice Executive Committee.
Is a statement made by a dying victim to the police an exception to the hearsay rule? The U.S. Supreme Court in Michigan v. Bryant, (2011 DJDAR 3092), said yes - but not because the declarant was dying when he made the statement. Rather, it was because the primary purpose of the police interrogation was to enable police assistance to meet an ongoing emergency.
First things first: A review of testimonial evidence and non-testimonial evidence.
Generally, t...
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