A Call for Change: The Detrimental Impacts of Crawford v. Washington PDF Download
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Author: Anoosha Rouhanian
Publisher: Novel Audio
ISBN:
Category : Law
Languages : en
Pages : 72
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Book Description
In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court statements are likely to be considered testimonial because the sensitive and personal nature of these incidents often results in substantial deliberation prior to any declaration, as opposed to the impromptu declarations made during so-called ongoing emergencies. In turn, these statements are likely viewed as made for future prosecution. Moreover, domestic violence and rape victims have especially compelling and uniquely fragile psychological reasons to be unavailable for cross-examination, including being at risk at for re-traumatization. Yet, despite these reasons, Crawford still places pressure on these victims to be cross-examined in front of their perpetrators because testimonial hearsay evidence is often determinative in these types of trials, and thus an unavailable victim would lead to an increased likelihood of the perpetrator escaping conviction. This sensitivity and consequential unreliability surrounding the admissibility of testimonial hearsay upon which domestic violence and rape cases rely also disincentives prosecutors from pursuing these cases, further exacerbating the unlikelihood of conviction. To alleviate the detrimental impacts that Crawford has on both victims and trials, this Article suggests that Crawford’s essential terminology must be narrowly defined, exceptions to the ruling must be expanded upon, and victims must be adequately safeguarded.
Author: Anoosha Rouhanian
Publisher: Novel Audio
ISBN:
Category : Law
Languages : en
Pages : 72
Get Book
Book Description
In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court statements are likely to be considered testimonial because the sensitive and personal nature of these incidents often results in substantial deliberation prior to any declaration, as opposed to the impromptu declarations made during so-called ongoing emergencies. In turn, these statements are likely viewed as made for future prosecution. Moreover, domestic violence and rape victims have especially compelling and uniquely fragile psychological reasons to be unavailable for cross-examination, including being at risk at for re-traumatization. Yet, despite these reasons, Crawford still places pressure on these victims to be cross-examined in front of their perpetrators because testimonial hearsay evidence is often determinative in these types of trials, and thus an unavailable victim would lead to an increased likelihood of the perpetrator escaping conviction. This sensitivity and consequential unreliability surrounding the admissibility of testimonial hearsay upon which domestic violence and rape cases rely also disincentives prosecutors from pursuing these cases, further exacerbating the unlikelihood of conviction. To alleviate the detrimental impacts that Crawford has on both victims and trials, this Article suggests that Crawford’s essential terminology must be narrowly defined, exceptions to the ruling must be expanded upon, and victims must be adequately safeguarded.
Author: David Canter
Publisher: Routledge
ISBN: 1000750876
Category : Social Science
Languages : en
Pages : 505
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Book Description
The recent explosion of research and practice relating to offending and the related investigative and legal processes makes it extremely difficult for anyone to master these emerging areas of research. This book will help readers to navigate through this rapidly expanding area of scholarship and practice by bringing together a number of recent reviews on key topics by leading experts in the field. Contributions to the volume discuss developments in the study of interviewing and the detection of deception together with explorations of victims and offenders. The psychological background and consequences of school bullying, child sexual abuse and male rape are also explored, as are the challenges of collecting information about crimes as varied as burglary and serial killing. This book will be a valuable resource for criminologists, crime and forensic psychologists, students of socio-legal processes and all those involved in legal and investigative activities. The chapters in this book were originally published as review articles in Crime Psychology Review.
Author: Jennifer Lackey
Publisher: Oxford University Press
ISBN: 0192864106
Category : Philosophy
Languages : en
Pages : 223
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Book Description
Through a detailed analysis that draws on work across philosophy, the law, and social psychology, Criminal Testimonial Injustice shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers' truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications to recantations from victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible.
Author: Eva Schlesinger Buzawa
Publisher: SAGE
ISBN: 9780761924487
Category : Family & Relationships
Languages : en
Pages : 340
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Book Description
This edition continues to address the basic questions surrounding domestic violence. Virtually all chapters have been rewritten, and material has been added on changes in prosecution criteria and on different methods to protect the victim.
Author: Geoffrey Gilbert
Publisher:
ISBN:
Category :
Languages : en
Pages : 328
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
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Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Author: Richard O. Lempert
Publisher: Foundation Press
ISBN:
Category : Law
Languages : en
Pages : 418
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Book Description
The ideal book to complement a problem-based evidence course, this new title brings to life some of Evidence Law's most important and interesting cases, and the principles they represent. This publication contains essays by leading evidence scholars discussing the stories behind landmark cases and illuminating principles and materials across the evidence curriculum. The seldom-told stories behind cases where evidence plays a significant role are now told with important illustrations of the development, application, and importance of the rules of evidence.
Author: Antonin Scalia
Publisher: Simon and Schuster
ISBN: 1596987006
Category : Biography & Autobiography
Languages : en
Pages : 265
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Book Description
Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
Author: Andrew R. Klein
Publisher: Rowman & Littlefield
ISBN: 1442248289
Category : Social Science
Languages : en
Pages : 248
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Book Description
Whatever the number, domestic violence victims remain far too many for a preventable crime. More and more victims of intimate partner violence are reaching out to police, prosecutors and judges only to be sorely disappointed, even betrayed. While laws and programs have multiplied over the last few decades to address domestic violence, the country is getting safer for almost everyone except for women who have, or have had, abusive male intimate partners. Andrew R. Klein and Jessica L. Klein look at the criminal justice response to domestic violence across America today, ranging from police to prosecutors and courtrooms across the nation. Abetting Batterers reveals the troubling pattern of inattention and incompetence that compromises the safety of women and encourages their male abusers to continue their abuse and violence. Although criminal justice system agencies vary among cities, towns and counties within the same state they all too often relegate domestic violence to the backburners of the system, dismissing victims and ignoring even the most serious and chronic abusers. The variation reveals the real problem in preventing intimate partner violence lies in these agencies’ commitment and will, rather than their ability to do the job. The authors unveil what is working in regard to protecting victims of domestic violence and holding their abusers accountable, and they suggest strategies for ensuring that what is being done right can be replicated and become the law and practice across the nation. The wide variation in how intimate partner violence is handled by similar jurisdictions demonstrates the real problem in preventing it lies in these agencies’ commitment, rather than ability to do the job. This book proves to be invaluable in understanding what is and is not being done in the reality of domestic violence in America.
Author: Ann Jones
Publisher: Open Road Media
ISBN: 1504019539
Category : Social Science
Languages : en
Pages : 256
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Book Description
“Whether you’re an individual woman looking for help or a reader looking for the truth about the thousands of women who are battered by the men they live with, Next Time, She’ll Be Dead is the one book you should read.” —Gloria Steinem At least 1 in 4 women will be abused during her lifetime—that is 25% of our mothers, daughters, sisters, partners, and friends. Thousands will be killed. As author Ann Jones observes, despite its devastation battering is regarded not as a serious crime, but instead as an inevitable “problem” blandly labeled “domestic violence.” Stories of household assaults and murders are all over the news, but the blame is usually pinned on the woman who is said to have either provoked the attack or failed to “leave.” In this groundbreaking book, Jones points instead to the many factors in society that promote, trivialize, and perpetuate brutality against women: from popular psychology, academic “expertise,” mass media, and pop culture, to the criminal justice system and the law itself. Delving deep into the history, legality, and personal politics of male violence against wives and girlfriends, Next Time, She’ll Be Dead fearlessly reframes the issue. This critically acclaimed masterwork offers productive ways of thinking and speaking about battering and explains what must be done to stop it.
