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Criminal Law

: Judging Crimes

346. Constitutional algebra

By Joel Jacobsen

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During the past week I've been preoccupied with preparing a PowerPoint talk about Crawford to a training conference for victims' advocates and allied professionals.  It's not easy trying to make Crawford make sense to non-lawyers (or to lawyers, either, but then you don't need to: lawyers have been trained to accept without questioning arbitrary pronouncements from the Supreme Court).The problem isn't so much the theory behind Crawford, which is elegant in its reductionist and intellectually dishonest (see post 238) way.  It's how the Supreme Court has implemented its revolution.Anyway, trying to think of ways to explain what our courts have recently been doing to domestic violence and child abuse cases - because that's what Crawford is all about, practically speaking (see post 148) (well, and DWI, too) - has been a useful exercise...continue to full post

Full post as published by Judging Crimes on March 05, 2008 (boomark / email).

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