Family Attorney
Supreme Court Ruling May Impact Domestic Violence Cases
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On March 8, through a unanimous ruling on Crawford v. Washington, the Supreme Court affirmed a defendant’s right to face and question accusers. More subtly, it also affirmed the power of victims of domestic violence to exercise control over their own cases – specifically over whether or not to pursue charges. What are the circumstances of Crawford v. Washington? Michael Crawford pleaded self-defense in stabbing a man he believed had attempted to rape his wife. His wife was present during the stabbing and at one point made a taped statement to the police in which she said that the victim may not have been armed. But, she invoked marital privilege to keep from testifying against her husband at trial. In her absence, the judge accepted the taped statement she’d made to the police as “reliable,” even though the tape precluded cross-examination by the defense. Crawford was found guilty. In his opinion on the case, Supreme Justice Scalia stated: “Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty. This is not what the Sixth Amendment prescribes. More : foxnews.com |
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