NCJ Number
31770
Journal
Michigan Law Review Volume: 73 Issue: 8 Dated: (AUGUST 1975) Pages: 1465-1491
Date Published
1975
Length
27 pages
Annotation
THIS NOTE EXAMINES THE 1974 U.S. SUPREME COURT DECISION WHICH HELD THAT THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT PROTECTS THE ABILITY OF A DEFENDANT TO CROSS EXAMINE A CRUCIAL GOVERNMENT WITNESS FOR POSSIBLE BIAS.
Abstract
SPECIFICALLY, THE COURT FOUND THAT A STATUTE PROHIBITING THE ADMISSION INTO EVIDENCE OF JUVENILE RECORDS, WHICH OPERATED TO PREVENT AN EFFECTIVE CROSS-EXAMINATION, VIOLATED THE RIGHT OF CONFRONTATION. THE AUTHOR STATES THAT THIS DECISION IN DAVIS V. ALASKA REPRESENTS A CONTINUATION OF A LINE OF SUPREME COURT DECISIONS FINDING VIOLATIONS OF THE RIGHT OF CONFRONTATION IN TRIAL COURT EVIDENTIARY RULINGS. WHILE IT IS NOT THE FIRST CASE HOLDING THAT THE RIGHT OF CONFRONTATION GUARANTEES MORE THAN A TRIAL PROCEDURE ALLOWING PHYSICAL CONFRONTATION AND SOME CROSS-EXAMINATION, IT IS THE FIRST TO BASE A DETERMINATION THAT THE RIGHT OF CONFRONTATION WAS VIOLATED ON AN EXPLICIT EXAMINATION OF THE EFFECTIVENESS OF A LINE OF CROSS-EXAMINATION. THE AUTHOR STATES THAT THE IMPLICATIONS AND POSSIBLE APPLICATIONS OF DAVIS ARE BROAD, FOR BY ANNOUNCING THAT THE CONFRONTATION CLAUSE GUARANTEES A RIGHT OF EFFECTIVE CROSS-EXAMINATION THE DECISION NECESSARILY EXPANDS APPELLATE COURT (AND COLLATERAL) REVIEW OF THE VARIOUS LIMITATIONS ON CROSS EXAMINATION IMPOSED BY TRIAL COURTS. THIS NOTE, FIRST, EXAMINES THE DAVIS METHODOLOGY FOR DETERMINING WHETHER A FORECLOSED LINE OF CROSS-EXAMINATION WARRANTS PROTECTION BY THE CONFRONTATION CLAUSE, AND SUGGESTS A TEST EMPLOYABLE BY REVIEWING COURTS FOR MAKING THAT DETERMINATION. THEN, THE NOTE SKETCHES THE CONTOURS OF THE CLASH, PREFIGURED BY DAVIS, BETWEEN THE RIGHT OF CONFRONTATION AND THE LIMITATIONS ON CROSS-EXAMINATION THAT RESULT FROM BOTH THE ASSERTION OF TESTIMONIAL PRIVILEGES AND TRIAL COURT RELEVANCE RULINGS. (AUTHOR ABSTRACT MODIFIED)