CONFRONTATION CLAUSE AND THE CO-CONSPIRATOR EXCEPTION IN CRIMINAL PROSECUTIONS - A FUNCTIONAL ANALYSIS

• NCJ Number: 4721
• Journal: Harvard Law Review Volume: 85 Issue: 7 Dated: (MAY 1972) Pages: 1378-1407
• Author(s): D S DAVENPORT
• Date Published: 1972
• Length: 30 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE RELATIONSHIP BETWEEN THE TRADITIONAL HEARSAY RULE AND THE SIXTH AMENDMENT'S CONFRONTATION CLAUSE HAS LONG BEEN RATHER NEBULOUS.

Abstract

ARGUING THAT THE SUPREME COURT HAS RECENTLY SEVERED THE TWO AND BEGUN TO FOCUS ITS CONFRONTATION-CLAUSE ATTENTION ON CASE-BY-CASE ANALYSES OF RELIABILITY, THE AUTHOR ASSERTS THE NEED TO FORMULATE AT LEAST SOME GENERAL STANDARDS FOR THOSE ANALYSES. AS AN EXAMPLE OF HIS SUGGESTED FUNCTIONAL APPROACH TO HEARSAY PROBLEMS, HE FIRST EVALUATES THE STANDARD CO-CONSPIRATOR EXCEPTION TO THE HEARSAY RULE AND THEN REFORMULATES IT TO REFLECT MORE ACCURATELY THE NEWLY AROUSED DEMANDS OF RELIABILITY.