Effect of The Decision
This decision had an immediate, profound effect upon the ability of prosecutors to prove their cases through the use of evidence that had previously been admissible via various exceptions to the hearsay rule. Justice Scalia's opinion explicitly states that any out-of-court statement that is "testimonial" in nature is not admissible, unless the declarant is unavailable to testify in court, and the defendant has had a prior opportunity to cross-examine him or her. However, the opinion does not define "testimonial", which has allowed courts across the country to determine that issue for themselves.
Legal scholars' main criticism of the decision was its failure to define "testimonial". One of the main areas in which lower courts struggled to resolve this issue was the use of 911 calls during the course of trial where the caller is not available to testify. This was the factual situation in Davis v. Washington, in which the Court laid out a definition of "testimonial." Other cases have dealt with the issue of the previously common practice of admitting certain types of certified documents under the business records or public records exception to the hearsay rule.
Crawford, and the decisions following it, also radically changed the handling of domestic violence cases by curtailing evidence-based prosecution, a common practice allowing the accused to be prosecuted without the participation of their accusers in the criminal court process. Evidence-based prosecution relies heavily on admission of statements under hearsay exceptions to reproduce the evidentiary effect of a victim testifying in court. The Crawford Court's decision renders most of these statements inadmissible without the accuser coming to court and testifying against the person he is accusing.
Read more about this topic: Crawford V. Washington
Famous quotes containing the words effect of, effect and/or decision:
“I guess what I’ve really discovered is the humanizing effect of children in my life—stretching me, humbling me. Maybe my thighs aren’t as thin as they used to be. Maybe my getaways aren’t as glamorous. Still I like the woman that motherhood has helped me to become.”
—Susan Lapinski (20th century)
“Considered physiologically, everything ugly weakens and saddens man. It reminds him of decay, danger, impotence; it actually reduces his strength. The effect of ugliness can be measured with a dynamometer. Whenever anyone feels depressed, he senses the proximity of something “ugly.” His feeling of power, his will to power, his courage, his pride—they decline with ugliness, they rise with beauty.”
—Friedrich Nietzsche (1844–1900)
“The women of my mother’s generation had, in the main, only one decision to make about their lives: who they would marry. From that, so much else followed: where they would live, in what sort of conditions, whether they would be happy or sad or, so often, a bit of both. There were roles and there were rules.”
—Anna Quindlen (20th century)