Overruling Crawford v. Washington: Why and How

Crump, David

Journal: Notre Dame Law Review

Volume: 88

First Page: 115

Year: 2012

Bluebook Citation: 88 NOTRE DAME L. REV. 115 (2012)

Author: David Crump: all 38 publications


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Abstract

The article discusses a court case in which decision of Roberts Court on Confrontation Clause was overruled by the Crawford Court. It states that Confrontation Clause provides the right of vigorous cross-examination, right to face-to-face presentation of witnesses and the right to severance to the criminal defendant. It highlights several Payne-Parenthood factors supporting the overruling of Crawford including fewer disturbances in reliance interests, dissenting justices and judicial fudging.

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