Stacey Gauthier


This article analyzes the Sixth Amendment right to confrontation, admission of hearsay statements, and the effect of the Davis decision on the prosecution of domestic violence cases. Part II discusses the history of the Confrontation Clause. Part III discusses hearsay prior to Crawford. Parts IV, V, and VI discuss the landmark cases Crawford v. Washington, Commonwealth v. Gonsalves, and Davis v. Washington, respectively, with regard to whether statements made to police are admissible when the declarant is not available to testify at trial. The reasons why the Supreme Court’s extension of the Confrontation Clause is unwarranted are contained in Part VII. The comparison of effective law enforcement and individual liberty is discussed in Part VIII with emphasis on constitutional rights and the functions of the police. Part IX discusses the use of expert testimony in domestic violence cases. Part X addresses the Forfeiture by Wrongdoing Doctrine in response to the Court’s suggested use of this hearsay exception. The article concludes in Part XI with a hypothetical case that could cause the Davis decision to change.



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