Date of Award
Spring 2019
Degree Name
Bachelor of Arts
Major
Public Policy and Law
First Advisor
Glenn Falk
Abstract
Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be replaced with a two-part test which analyzes both the purpose and function of out-of-court statements, and evidence-based prosecutions should be supported by policy solutions adopted at local and state levels.
Recommended Citation
Eidson, Kira, "Complex Relationships: Public Policy and Law Solutions to Rebalance the Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, and Public and Private Violence After the Resurrection of Roberts". Senior Theses, Trinity College, Hartford, CT 2019.
Trinity College Digital Repository, https://digitalrepository.trincoll.edu/theses/756
Included in
Constitutional Law Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Family Law Commons, Law and Gender Commons
Comments
Senior thesis completed at Trinity College, Hartford, CT for the degree of Bachelor of Arts in Public Policy and Law.