Prepare and turn in your final paper: "Hearsay and the Sixth Amendment's Confrontation Clause." The requirements and scoring rubric for this paper are as follows:
- APA format, (15 points) including:
- proper citations within the text
- 10 to 15 pages in length, excluding the title and references pages
- A title page with given title for your chosen research project
- An abstract page, briefly stating your research topic, major conclusions, and possible implications of your research, 75 and 150 words.
- A main body (120 points), divided with appropriate subheadings, including at least the following:
- An introductory paragraph (40 points), discussing:
- The Sixth Amendment basis for the right to confront witnesses
- A quotation of the Sixth Amendment, properly cited
- The topic of the paper, i.e., the relationship between hearsay evidence and confrontation
- A subheading and discussion for Crawford v. Washington (2004), (40 points) with illustrative quotations from the opinion, inluding:
- facts and procedural history of Crawford
- the prevailing test for admitting hearsay testimony under the right to confrontation before Crawford, i.e., in Ohio v. Roberts (1980)
- why Ohio v. Roberts was discarded as insufficient to protect the right to confrontation
- the US Supreme Court's partial definition of "testimonial" hearsay evidence, and examples given in Crawford
- the necessity, in Crawford, of an opportunity to cross-examine a "witness" who gives "testimony," but is unavailable at trial
- the US Supreme Court's conclusion about whether the evidence violated Crawford's right to confrontation
- the US Supreme Court's final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
- all properly cited within the text
- A subheading and ordered discussion of Supreme Court cases following Crawford, (40 points) with one or more illustrative quotations from the opinions, inluding:
- facts and procedural histories of Davis v. Washington, 547 U.S. 813 (2006), Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), and Michigan v. Bryant, 131 S.Ct. 1143 (2011)
- the US Supreme Court's application of Crawford's principles to determine whether the challenged evidence was "testimonial" or "non-testimonial" with illustrative quotations
- the US Supreme Court's conclusion about whether the evidence in each violated the right to confrontation
- the US Supreme Court's final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
- all properly cited within the text
- A subheading and conclusion, of one or more paragraphs (15 points), including:
- Re-stating the constitutional protection of the confrontation clause in relation to testimonial hearsay evidence
- Summarizing Crawford's change to the prior interpretation of the confrontation clause in Ohio v. Roberts (1980)
- Summaring the application of Crawford's principles in the other leading Supreme Court cases
- Your positive or negative legal, moral, or policy reactions and views on the topical material, re-stating evidence supporting your position