Document Type
Brief
Publication Date
7-24-2003
Abstract
This case raises important questions about the meaning of the Confrontation Clause of the Sixth Amendment to the Constitution, which is a central aspect of our criminal justice system. In particular, the second Question Presented in the petition for certiorari suggests that the currently prevailing framework of doctrine under the Clause be reconsidered, to be replaced by one limiting the scope of the Clause to statements that are testimonial in nature but prescribing unequivocally that such statements may not be introduced against an accused unless he has had an opportunity to confront the maker of the statement. Amici are law professors who have had considerable experience dealing with the Confrontation Clause, variously writing, teaching, and litigating about it. We believe that a reconceptualization along the lines proposed by petitioner would be a great improvement in the law. Our interest in this case is not to support either prosecution or defense - in some settings the structure we propose would favor one side and in some settings the other - but to assist the placement of the Confrontation Clause on a proper footing, as expressing a rather narrow but hard-edged right.
Because we believe that current doctrine undervalues the significance of the confrontation right in our constitutional scheme, and we believe this case offers an opportunity to redress the situation, we respectfully seek leave to file the attached brief amicus curiae.
Recommended Citation
Clark, Sherman J.; Friedman, Richard D.; and Moran, David A., "Crawford v. Washington: Motion for Leave to File and Brief Amicus Curiae of Law Professors Sherman J. Clark, James J. Duane, Richard D. Friedman, Norman Garland, Gary M. Maveal, Bridget McCormack, David A. Moran, Christopher B. Mueller, and Roger C. Park, in Support of Petitioner" (2003). Appellate Briefs. 12.
https://repository.law.umich.edu/briefs/12
Comments
Amicus: Clark, Professor Sherman J.; Duane, Professor James J.; Friedman, Professor Richard D.; Garland, Professor Norman M.; Maveal, Professor Gary M.; McCormack, Professor Bridget M.; Moran, Professor David A.; Mueller, Professor Christopher B.; Park, Roger C.