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Brooklyn Law School Symposium
Crawford and Beyond: Revisited in Dialogue

Friday, September 29, 2006
9:00 a.m. – 4:30 p.m.
CLE Credit Available

The United States Supreme Court’s 2004 decision in Crawford v. Washington dramatically altered the landscape of the Sixth Amendment Confrontation Clause and its limitations on the admissibility of certain hearsay statements.  In Crawford, the Court categorically held that out-of-court “testimonial” statements made by a person who did not testify at trial were not admissible against a criminal defendant.  Although the opinion identified a few statements as testimonial, such as those made during police interrogation, the definition of testimonial was left for another day.


Read the
Supreme Court decision
in Davis v. Washington and Hammon v. Indiana.*

Watch video from the event:
Part I
Part II
Part III
Part IV

Read the hypotheticals distributed at the event.*

* Acrobat Reader required;
download free software

The wait was not very long.  On June 19, 2006, the Court decided Davis v. Washington and Hammon v. Indiana.  In Davis, the Court held that a woman who made a 911 emergency call identifying the petitioner as the perpetrator of an ongoing assault “was not acting as a witness; she was not testifying.”  In Hammon, the Court reached the opposite result. There, the police responded to a domestic disturbance report and questioned the wife at her home.  During that questioning, the wife described the assault that her husband had committed. The Court concluded that the wife’s words were in response to an “official interrogation and are an obvious substitute for live testimony because they do precisely what a witness does on direct examination; they are inherently testimonial,” and therefore inadmissible.

On Friday, September 29, 2006, a group of noted scholars and practitioners revisited Crawford and explored the definition of testimonial statements in light of Davis and Hammon as well as a host of related Confrontation Clause/hearsay issues.  This event followed our extremely successful February 2005 full-day symposium, “Crawford and Beyond: Exploring the Future of the Confrontation Clause in Light of its Past,” published in the Brooklyn Law Review.

Participants:
Margaret A. Berger, Brooklyn Law School
Daniel J. Capra, Fordham University School of Law
Edward K. Cheng, Brooklyn Law School
Thomas Y. Davies, University of Tennessee College of Law
Mark Dwyer, New York County District Attorney’s Office
Richard T. Farrell, Brooklyn Law School
Andrew C. Fine, Legal Aid Society New York, Criminal Appeals Bureau
Jeffrey L. Fisher, Stanford Law School (Fall 2006)
James F. Flanagan, University of South Carolina School of Law
Anthony J. Franze, Arnold & Porter LLP
Richard D. Friedman, University of Michigan Law School
Randolph N. Jonakait, New York Law School
Roger Kirst, University of Nebraska College of Law
Robert Kry, Baker Botts LLP
Tom Lininger, University of Oregon School of Law
Cynthia Lynch, Domestic Violence Bureau, Kings County District Attorney’s Office
Joan S. Meier, George Washington School of Law
Jennifer L. Mnookin, UCLA School of Law
Robert P. Mosteller, Duke Law School
Robert M. Pitler, Brooklyn Law School
Myrna S. Raeder, Southwestern Law School
Paul Shechtman, Stillman, Friedman & Shechtman, P.C.
Peter Tillers, Benjamin N. Cardozo School of Law
Deborah Tuerkheimer, University of Maine School of Law

Read about the February 2005 symposium on Crawford and watch video from the event.

Read the proceedings of the February 2005 symposium published in the Brooklyn Law Review.




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This page last modified on: June 28, 2007.