A Call for Change The Detrimental Impacts of Crawford v Washington is popular PDF and ePub book, written by Anoosha Rouhanian in 2024-07-01, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, A Call for Change The Detrimental Impacts of Crawford v Washington can be Read Online from any device for your convenience.

A Call for Change The Detrimental Impacts of Crawford v Washington Book PDF Summary

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.

Detail Book of A Call for Change The Detrimental Impacts of Crawford v Washington PDF

A Call for Change  The Detrimental Impacts of Crawford v  Washington
  • Author : Anoosha Rouhanian
  • Release : 01 July 2024
  • Publisher : Novel Audio
  • ISBN : 978186723xxxx
  • Genre : Law
  • Total Page : 72 pages
  • Language : English
  • PDF File Size : 12,9 Mb

If you're still pondering over how to secure a PDF or EPUB version of the book A Call for Change The Detrimental Impacts of Crawford v Washington by Anoosha Rouhanian, don't worry! All you have to do is click the 'Get Book' buttons below to kick off your Download or Read Online journey. Just a friendly reminder: we don't upload or host the files ourselves.

Get Book

Criminal Testimonial Injustice

Criminal Testimonial Injustice Author : Jennifer Lackey
Publisher : Oxford University Press
File Size : 42,9 Mb
Get Book
Through a detailed analysis that draws on work across philosophy, the law, and social psychology, Cr...

Reviewing Crime Psychology

Reviewing Crime Psychology Author : David Canter,Donna Youngs
Publisher : Routledge
File Size : 33,8 Mb
Get Book
The recent explosion of research and practice relating to offending and the related investigative an...

Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States Author : National Research Council,Division on Engineering and Physical Sciences,Committee on Applied and Theoretical Statistics,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Identifying the Needs of the Forensic Sciences Community
Publisher : National Academies Press
File Size : 50,9 Mb
Get Book
Scores of talented and dedicated people serve the forensic science community, performing vitally imp...

Abetting Batterers

Abetting Batterers Author : Andrew R. Klein,Jessica L. Klein
Publisher : Rowman & Littlefield
File Size : 34,5 Mb
Get Book
Whatever the number, domestic violence victims remain far too many for a preventable crime. More and...

Next Time She ll Be Dead

Next Time  She ll Be Dead Author : Ann Jones
Publisher : Open Road Media
File Size : 28,8 Mb
Get Book
“Whether you’re an individual woman looking for help or a reader looking for the truth about the...

Parenting Matters

Parenting Matters Author : National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Board on Children, Youth, and Families,Committee on Supporting the Parents of Young Children
Publisher : National Academies Press
File Size : 44,6 Mb
Get Book
Decades of research have demonstrated that the parent-child dyad and the environment of the familyâ...

Race and the Jury

Race and the Jury Author : Hiroshi Fukurai,Edgar W. Butler,Richard Krooth
Publisher : Springer Science & Business Media
File Size : 46,5 Mb
Get Book
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms pe...

The Future of Imprisonment

The Future of Imprisonment Author : Michael Tonry
Publisher : Oxford University Press
File Size : 17,7 Mb
Get Book
The imprisonment rate in America has grown by a factor of five since 1972. In that time, punishment ...