The Confrontation Clause and the Hearsay Rule: The Current State of a Failed Marriage in Need of a Quick Divorce

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Dickinson, Joshua C.

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2000

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33

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4

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Journal Article

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INTRODUCTION|In the past two decades, the United States Supreme Court has increasingly joined the concepts of the constitutional guaranty of confronting witnesses brought against a criminal defendant under the Sixth and Fourteenth Amendments and the common law and statutory hearsay concept. This union has not been without its dissenters and the Court has yet to find a truly unified voice when it comes to this issue. Majorities and pluralities have ebbed and flowed throughout this process, but the fidelity of the union between these seemingly distinct legal concepts remains consistent despite changes in the faces and dispositions of the members the Court. The Court has been careful not to equate the Confrontation Clause with the hearsay rule, but recent rulings leave little doubt as to the linkage between the two...

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33 Creighton L. Rev. 763 (1999-2000)

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Creighton University School of Law

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