The Champion

March 2007 , Page 20 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Davis v. Washington: Confrontation Wins the Day

By Timothy O'Toole,Catharine Easterly

The Supreme Court’s decision in Davis v. Washington1 was not only a big win for NACDL (which participated extensively in the litigation both before and after the Court granted certiorari), it was a big win for everyone who believes there is value in conducting criminal trials in courtrooms where witnesses must appear before the defendant and the fact-finder and be subjected to cross-examination. The Sixth Amendment seems to guarantee this practice, but the Confrontation Clause has had a rough time of it over the past 30 years.

Under the rule of Ohio v. Roberts2 — where unconfronted out-of-court statements were admitted as a matter of course so long as they were deemed sufficiently reliable — in-court confrontation was reduced from a bedrock, categorical constitutional guarantee to an often deemed unimportant matter of judicial discretion. Then, in Crawford v. Washington,3 the Supreme Court overruled Roberts and announced that when the declarant of an out-of

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