Friday, February 10, 2006

A Personal Confrontation Bibliography

Areader has asked for a listing of my writings on confrontaiton. Here are citations. I will try to add in links in the near future.

Is Barking Up the Wrong Tree Assertive Conduct? and other contributions to an electronic symposium published in 16 Mississippi Coll. L. Rev. 1 (1995).

Prior Statements of a Witness: A Nettlesome Corner of the Hearsay Thicket, 1995 Sup. Ct. Rev. 277.

Confrontation Rights of Criminal Defendants, J. F. Nijboer & J. M. Reijntjes, Proceedings of the First World Conference on New Trends in Criminal Investigation and Evidence, 533-41 (1997).

Confrontation and the Definition of Chutzpa, 31 Israel L. Rev. 506 (1997).

Anchors and Flotsam, Book Review of Mirjan Damaška, Evidence Law Adrift, 107 Yale L. J. 1921 (1998).

Confrontation: The Search for Basic Principles, 86 Georgetown L.J. 1011 (1998).

Truth and Its Rivals in the Law of Hearsay and Confrontation, 49 Hastings L.J. 545 (1998).

Thoughts from Across the Water on Hearsay and Confrontation, Oct. 1998 Crim. L. Rev. 687.

Lilly v. Virginia: A Chance to Reconceptualize the Confrontation Right, AALS Section on Evidence Newsletter (Spring 1999), at 5.

Confrontation Confronted (with Margaret A. Berger and Steven R. Shapiro), an adaptation of the amicus curiae brief submitted to the U.S. Supreme Court on behalf of the American Civil Liberties Union in Lilly v. Virginia (No. 98-5881), 42.3 Law Quadrangle Notes 90 (Fall/Winter 1999).

The Suggestibility of Children: Scientific Research and Legal Implications (with Stephen J. Ceci), 86 Cornell L. Rev. 1 ( 2000)

Lilly v. Virginia: Glimmers of Hope for the Confrontation Clause?, International Commentary on Evidence (July 10, 2000)

"E" is for Eclectic: Multiple Perspectives on Evidence, 87 University of Virginia L. Rev. 2029 (2001).

The Conundrum of Children, Confrontation, and Hearsay, 65 Law and Contemporary Problems 243 (2002).

Dial-In Testimony (with Bridget McCormack), 150 University of Pennsylvania L. Rev. 1171 (2002).

No Link: the Jury and the Origins of Confrontation Right and the Hearsay Rule, in John W. Cairns and Grant McLeod (eds.), The Dearest Birth Right of the People of England: The Jury in the History of the Common Law, 93, Hart Publishing Ltd. (2002).

Remote Testimony, 35 Michigan J. of Law Reform 695 (2002).

Crawford v. Washington, AALS Section on Evidence Newsletter (Fall 2003), at 2.

Confrontation as a Hot Topic: The Virtues of Going Back to Square One, 21 Quinnipiac L. Rev. 753 (2003).

‘Face to face’: Rediscovering the right to confront prosecution witnesses, 8 Int’l J. Ev. & Proof 1 (2003).

Minimizing the Jury Over-Valuation Concern, 2003 Mich. St. DCL L. Rev. 967.

Adjusting to Crawford: High Court Decision Restores Confrontation Clause Protection, 19 Crim. J. No. 2, p. 4 (2004).

The Crawford Transformation, Section on Evidence Newsletter (Spring/Summer 2004), at 2.

The Confrontation Clause Re-Rooted and Transformed, 2003-2004 Cato Supreme Court Review 439 (2004).

Crawford Surprises: Mostly Unpleasant, 20 Crim. J. No. 2, p. 36 (2005 (symposium issue).

Grappling with the Meaning of “Testimonial”, 71 Brooklyn L. Rev. 241 (2005).

Wednesday, February 08, 2006

State-side briefs in Davis and Hammon

The state-side briefs in Davis and Hammon were filed on Thursday, February 2. To look at PDF copies of each brief, click below.

1. Brief of the respondent State of Washington, in Davis v. Washington.

2. Brief of the respondent State of Indiana, in Hammon v. Indiana.

3. Amicus brief of the United States, in Davis.

4. Amicus brief of the United States, in Hammon.

5. Amicus brief of 27 states, in both cases.

6. Amicus brief of Cook County, Illinois, in both cases.

7. Amicus brief of Wayne County, Michigan, in Hammon.

8. Amicus brief of the National District Attorneys Association, in both cases.

9. Amicus brief of the National Network to End Domestic Violence and 56 other organizaitons (and one individual) devoted to remedying and addressing domestic violence, in both cases.

10. Amicus brief of the National Association of Counsel for Children, in both cases.

Reply briefs are due March 9.

Wednesday, February 01, 2006

Crawford and Bruton -- any relation?

I've gotten a couple of inquiries tonight -- and some others before -- about the relation of Crawford to Bruton. It seems to me that the two cases address issues along different dimensions. The question addressed by Crawford is when introduction of an out-of-court statement would violate the accused's confrontation rights. The Bruton problem, at least in its classic form, arises when there are co-defendants and introduction of a confession by one defendant would violate the confrontation rights of the other defendant but not those of the declarant. Bruton, in other words, assumes the answers to the substantive confrontation questions -- OK against one defendant, a violation against the other -- and then addresses the question of how to resolve that situation. Thus, it seems to me that Crawford and Bruton have very little to do with one another, except that Bruton problems are more likely to arise under Crawford than under the prior regime, because confrontation problems are recognized more often.

I am not particularly confident on this because I don't know a lot about Bruton. I'd welcome comments from anybody who has any insights or information to offer on this question. Please identify yourself!