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Criminal

Sep. 1, 2009

Confronting 'Crawford'

Every judicial officer and lawyer handling criminal matters must be knowledgeable about the reinvention of the Confrontation Clause initiated by Crawford v. Washington, writes Mark B. Simons.

FOCUS COLUMN

By Mark B. Simons

The Confrontation Clause in the Sixth Amendment to the U.S. Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." A criminal defendant may rely on this right to exclude a hearsay statement offered by the prosecution at trial, even if the statement satisfies a hearsay exception contained in the California Evidence Code. In Crawf...

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