Domestic Violence and the Confrontation Clause: The Case for a Prompt Post-Arrest Confrontation Hearing

Authors

Robert Hardaway, Sturm College of Law at the University of Denver

Abstract

The article examines the challenges posed by the Supreme Court's decision in Crawford v. Washington to domestic violence prosecutions, particularly the increased difficulty in admitting victims' prior statements. It proposes a novel solution: a prompt post-arrest confrontation hearing that allows defendants to cross-examine witnesses shortly after arrest. This procedure aims to balance the defendant's Sixth Amendment right to confrontation with the need to protect victims from intimidation and ensure the admissibility of testimonial evidence at trial.

Disciplines

Constitutional Law | Evidence | Law

Recommended Citation

Robert Hardaway, Domestic Violence and the Confrontation Clause: The Case for a Prompt Post-Arrest Confrontation Hearing, 22 Cardozo J. Equal Rts. & Soc. Just. 1 (2015).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol22/iss1/3