Explain and discuss how Crawford v. Washington (2004) made major changes in the law. Explain why you agree or disagree with the decision

What will be an ideal response?


The U.S. Supreme Court's 2004 decision in Crawford v. Washington, discussed more fully below, specifically overruled the key "indicia of reliability" case, Ohio v. Roberts. The Court held in Crawford that it is no longer enough that out-of-court statements have some "guarantee of trustworthiness", such as a recognized hearsay exception. Rather, the Court held, the "guarantee" of the Confrontation Clause was the defendant's right to confront and cross-examine those "who bear testimony" against him. A witness's "testimonial" statement is thus inadmissible unless (1) the witness is available to testify and appears at trial, or (2) the witness is unavailable but the defendant had an earlier opportunity for cross-examination of the witness. The second part of this response should be based on the knowledge of the impact this decision may have on the outcome a trial.

Criminal Justice

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