Crawford V Essay

Words: 1468
Pages: 6
Open Document
Legal Memorandum

TO: Judge Mack
FROM: Legal Clerk- Paloma Garcia
RE: Crawford v. Washington
DATE: November 2, 2014

Petitioner Michael Crawford stabbed a man who allegedly tried to rape his wife, Sylvia. At his trial, the State played for the jury Sylvia's tape-recorded statement to the police describing the stabbing, even though Crawford had no opportunity for cross-examination. The State sought to introduce a recorded statement that petitioner's wife Sylvia had made during police interrogation, as evidence that the stabbing was not in self-defense. Sylvia did not testify at trial because of Washington's marital privilege. The tape was played at trial, but she did not testify, testimonial statements are at issue, the only indicium of …show more content…
Finally, witnesses are subject to cross-examination. But if it is found that the witness lies, he or she is taking the risk to be charged with perjury or in contempt if the witness refuses to answer a question, unless it is protected by privilege. These methods are threatened by the way hearsay interferes and affect them.
The Confrontation Clause of the Six Amendment states that “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses’ evidence against him…” The implication of hearsay evidence for this clause is explicit: If out-of –court statement evidence is admitted against the accused, this person becomes a witness that is not confronting the accused. One of the methods to confirm witness credibility relies on the presence of the person in court to confront the accused. However, in the case of Crawford v. Washington, this conflicted with his marital privileged because his wife was the one who provided the out-of-court statement. Therefore, hearsay conflicts with the Six Amendment in the case of witness unavailability to be present in court.
For several hundred years, one of the great glories of the common law system of criminal justice has been the requirement that prosecution
Show More

Related Documents: Crawford V Essay

Case Briefing and Problem Solving Essay

240.10b-5 and 240.14e-3, promulgated thereunder by the Securities Exchange Commission (“SEC”) ² Rule 10b-5 and Section 14(e) Full case: BRODY v. TRANSITIONAL HOSPITALS CORPORATION Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants, v. TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees. No. 99-15672. Argued and Submitted July 11, 2001. -- February 07, 2002 Before: HALL, WARDLAW and BERZON…

Words 6637 - Pages 27

Us Vs Morrison Case Study

United States v. Morrison: 529 U.S. 598 (2000) Facts: Shortly after enrolling at Virginia Tech (in fall of 1194) Christy Brzonkala met Antonio Morrison and James Crawford. They were both students and members of the varsity football team at Virginia Tech. Brzonkala alleged that the two assaulted her and repeatedly raped her. Months later Morrison announced that he “like(d) to get girls drunk and ____”. His comments consisted of boasting, debased remarks, and vulgar remarks about what he would do…

Words 727 - Pages 3

Essay History of the Internet

J. A. & McKenna, K. Y. A. (2004) On no issue has research on the social effects of the Internet been more contentious than as to its effect on close relationships, such as those with family and friends. 3. Kraut, R.; Patterson. M.; Lundmark, V.; Kiesler, S.; Mukopadhyay, T. & Scherlis, W. (1998) a. People who used the Internet more subsequently reported larger increases in loneliness. b. People who used the Internet more reported experiencing a greater number of daily life stressors in…

Words 341 - Pages 2

Essay On Pledge Of Allegiance

words were written by one Francis Bellamy. Bellamy worked for the “Youth's Companion Magazine” when he wrote the original pledge of allegiance. He wrote that pledge to celebrate the 400th anniversary of Christopher Columbus discovering the new world(Crawford 9). Bellamy gave marketing, political, and sometimes racist speeches…

Words 781 - Pages 4

United States V. E. C. Knight Company, Slaughter-House Cases

Various cases debate the interpretation of federalism and the extent of power each government holds. These cases are but are not limited to Gibbons v. Ogden (1824), United States v. E.C. Knight Company (1895), Slaughter-House Cases (1873), Katzenbach v. McClung (1964), U.S v. Lopez (1995), U.S v. Morrison (2000), and Gonzales v. Raich (2005). In Gibbons v. Ogden (1824), Robert R. Livingston and Robert Fulton had a monopoly over navigation on waters from a New York state law within state jurisdiction…

Words 1660 - Pages 7

Essay on Obesity and Try Hot Yoga

that releases a rush of adrenalin and cortisol”. These hormones affect mood, fear, and motivation. Exercise, however, counters the negative consequences of these hormones” (Crawford & Media, 2012, para. 2). b. Depression: “Neurotransmitters and endorphins are feel-goods that relieve anxiety and lighten depression” (Crawford & Media, 2012, para. 2). Americans suffer from depression at astounding rates. Lack of exercise offers a biomedical explanation for one of the major contributors. c. Poor self-image:…

Words 1547 - Pages 7

Nature of Science Essay

How does the current National Curriculum for science reflect my developing understanding of the Nature of Science? Initially I will introduce the different views regarding the nature of science. At the same time I will critically analyse the different views expressed in the literature and explain how it has influenced my developing understanding of science and education. Furthermore I intend to discuss my position on whether science is a set of value free facts or whether it is a creative, evolving…

Words 4316 - Pages 18

Supreme Court Case Summary

his punishment was revoked • After Brzonkala dropped out of school, she sued Morrison, his friend Crawford and the university again under the • Violence Against Women Act of 1994, an act that penalizes violent crimes motivated by gender Constitutional Questions (1-2 Sentences): • Is VAWA constitutional exercise of Congress’ commerce power? Court’s Opinion (2-3 Sentences): • Morrison and Crawford moved to dismiss Brzonkala's suit on the premises that VAVA was unconstitutional. • While dismissing…

Words 1020 - Pages 5

Essay 7100 Innovation Vs Risk Management

Innovation vs Risk Management Sundeep Madichatti IST 7100 Week 3 Due March 25th, 2015 Wilmington University Innovation vs Risk Management – which should take priority? Information Technology is constantly under a speeding process like implementing and reinventing entire business processes as large scale IT transformations have always prove to be risky. These transformations may sooner or later can run into trouble, as new innovative technologies can be immature as they are never tried on real time…

Words 973 - Pages 4

English: Beauty Contest and Young Girls Essay

imagine a young girl screaming begging her mum not to tear it off as she’s held down in the chair for a brow waxing. Putting a young girl through hours of hair dying, waxing, tanning, dieting and who knows what else just so she can look like “Cindy Crawford” is child neglect. How would you feel if your daughter, sister or friend was going through that? A TV program called “Toddlers and Tiaras” also plays a major part on influencing young girls to participate in beauty pageants. They show the journey…

Words 760 - Pages 4