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By Kent Scheidegger et al.

More Commentary on Giles: In an article posted on FindLaw's Writ, Sherry F. Colb discusses Giles v. California, a case argued before the Supreme Court in April. Giles addresses whether the "forfeiture by wrongdoing" clause allows testimonial statements to be admitted against the defendant, when the defendant has killed the witness. Colb gives an in depth analysis of the case, and the Sixth Amendment's Confrontation Clause. She also dissects the merits of both the defendant's and prosecutions arguments in Giles. Particularly interesting is Colb's point that "there is something peculiar about adhering to the forfeiture-by-wrongdoing exception" of the Confrontation Clause simply because it was part of the common law when the Sixth Amendment was drafted...continue to full post

Full post as published by Crime and Consequences on May 28, 2008 (boomark / email).