Criminal Procedure, Co-Sponsored by Evidence

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton San Francisco Union Square

Room: Golden Gate 7

Floor: Lobby Level

In Crawford v. Washington the Supreme Court set out a new framework for analyzing Confrontation Clause claims. Crawford issues are among the most frequently-litigated questions in criminal cases. Crawford offers a case study on constitutional interpretation, the evolution of precedent, and the systemic consequences of making more difficult the prosecution of crimes against especially vulnerable victims. Crawford will continue to raise difficult and important questions, as shown by last term’s decision in Smith v. Arizona–a case that decided one difficult issue but dodged another. This panel will discuss Crawford’s past, present, and future.