The Champion

August 2012 , Page 44 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Confrontation Clause Jurisprudence: The Challenge of Justice Alito’s Williams Plurality and What, If Anything, It Means

By Justin J. McShane, Joshua R. Auriemma and Matthew Koch

Accurately synthesizing a rule from a plurality opinion has been a complex undertaking ever since the turn of the 18th century when Chief Justice Marshall abandoned the practice of seriatim opinions to unite a politically weak Supreme Court. Although one can argue that the current practice of fragmented opinions has improved the standing of the Court, the precedential value of nonmajority rationales is largely protean. To those ends, this article considers the history of plurality opinions, tracking the jurisprudence of such opinions over hundreds of years, and then suggests what the Williams case means for criminal defense attorneys raising Confrontation Clause objections in light of this speciously adverse case.

The Supreme Court recently decided Williams v. Illinois1 — the latest in a string of cases considering the role of the Confrontation Clause as it pertains to forensic evidence. The issue in Williams revolved around whether an expert witness could opine that the defendant’s DNA

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad