Online student resource file:

American Judicial Process LSCJ 3223

Bryan Lester Dupler, J.D.

Updated December, 2016

General instructions:

Read the assigned texts and this online student internet resource file very carefully. This should also answer almost all of your questions about the requirements of the course. If after reading this resource file, you still have questions about an assignment, do not hesitate to email me with your question.

I. Assigned paper title:

“Hearsay and the Sixth Amendment’s Confrontation Clause”

The topic of the paper, and its title, are selected by the instructor. You may NOT change the title or use a different title.

II. Cases, articles, and sample assignments

U.S. Constitution, Amendment VI (The "6th Amendment")

U.S. Supreme Court cases

Oklahoma Court of Criminal Appeals cases

The Oklahoma Hearsay Rule and some exceptions

12 O.S.2011, § 2801(A)(3)

Hearsay means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

12 O.S.2011, § 2801(A)(3)

Hearsay is not admissible except as otherwise provided by an act of the Legislature.

12 O.S.2011, § 2803 (in part):

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

  1. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter; (aka the “present sense impression” exception)
  2. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition; (aka the “excited utterance” exception)
  3. A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, but not a statement of memory or belief to prove the fact remembered or believed; (aka the “state of mind” exception)
  4. Statements made for medical diagnosis or treatment and describing medical history, or symptoms, pain or sensations, if pertinent to diagnosis or treatment; (aka the “medical diagnosis or treatment” exception)
  5. A record of acts, events, conditions, opinions or diagnosis, made at or near the time by or from information transmitted by a person with knowledge, kept in the course of a regular business activity, if it was the regular practice of that business activity to make the record; (aka, the “business records” exception)

12 O.S.2011, § 2804(B) (in part):

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

  1. Testimony given at another hearing of the same or another proceeding, or in a deposition, if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony by direct, cross or redirect examination; (aka the “prior sworn statement” exception)
  2. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of the declarant’s impending death; (aka the “dying declaration” exception).
  3. A statement which was at the time of its making contrary to the declarant’s pecuniary or proprietary interest, or which tended to subject the declarant to civil or criminal liability, and which a reasonable person in the declarant’s position would not have made unless the declarant believed it to be true; (aka the “statement against penal interest” and “statement against pecuniary interest” exceptions).

Scholarly Articles

Mosteller, Robert P., Crawford v. Washington, Encouraging and Ensuring the Confrontation of Witnesses (October 2, 2012). University of Richmond Law Review, Vol. 39, No. 2, 2005; Duke Law School Legal Studies Paper No. 200.

Sklansky, David Alan, Hearsay’s Last Hurrah. Supreme Court Review, Vol. 1, 2009 ; UC Berkeley Public Law Research Paper No. 1531334.

Fenner, G. Michael, Today’s Confrontation Clause (After Crawford and Melendez-Diaz) (November 16, 2009).

Sample case brief with explanation

Standards of review explained

Sample thesis statement and outline

A sample annotated bibliography

Sample case expositions with explanation

Sample APA research paper with explanatory notes

III. Unit assignments and course spanning tasks

Unit 1

Unit 1 class discussion

After completing your reading and assignments in Unit 1, please post a brief discussion topic about (1) something you learned that you did not know, or that surprised you, about the judicial process; and (2) some question left unanswered by the materials, to which you want to find the answer. Please also return to the discussion and leave a comment on at least two of your classmate's discussions.

Unit 1 writing assignment: Oklahoma state court case briefs

Prepare case briefs for the following state court cases:

Unit 1 course spanning task: U.S. Supreme Court briefs

Prepare case briefs for the following US Supreme Court cases:

Additional Unit 1 instructions:

Each case brief must include:

  • a procedural statement describing how the case reached the court;
  • a statement of relevant facts;
  • a statement of the issue presented for decision on appeal;
  • a statement of the court’s holding (ruling) on the issue;
  • a statement of authorities cited and the rationale;
  • the final disposition of the case on appeal.

A sample case brief with detailed explanation is provided. Follow this format closely. Brief only the issues involving hearsay and the confrontation clause. Ignore other issues!

Turn in 1, and only 1, of these 7 case briefs in the Unit 1 assignment dropbox! The grades for Unit 1 assignment and Unit 1 course spanning task are combined. The point of this case briefing assignment is to learn the law and case analysis skills you will need to know to write your final paper.

Unit 2

Unit 2 class discussion

After completing your reading and assignments in Unit 2, please post a brief discussion topic about (1) something you learned that you did not know, or that surprised you, about the judicial process; and (2) some question left unanswered by the materials, to which you want to find the answer. Please also return to the discussion and leave a comment on at least two of your classmate's discussions.

Unit 2 writing assignment: thesis and outline

Prepare a preliminary thesis statement and subject outline of your final research paper. Consult the sample thesis and subject outline provided.

Unit 2 course spanning task

Prepare an annotated bibliography containing entries for the cases and scholarly articles provided. Follow the sample annotated bibliography. Each annotation of a source included in your bibliography should be no less than 50 words and not more than 300 words as a guideline. The point of these assignment is to read and better understand the case law and scholarly articles you will use to complete your final paper.

Turn in your assignments to the appropriate dropbox.

Unit 3

Unit 3 class discussion

After completing your reading and assignments in Unit 3, please post a brief discussion topic about (1) something you learned that you did not know, or that surprised you, about the judicial process; and (2) some question left unanswered by the materials, to which you want to find the answer. Please also return to the discussion and leave a comment on at least two of your classmate's discussions.

Unit 3 writing assignment: the case law exposition as part of a larger legal analysis

Prepare one (1) case exposition of approximately 250 to 500 words from a Supreme Court case provided in the resource file. Consult the sample case expositions. The sample research paper also contains several expositions of individual cases. The point of this assignment is to develop skills in written description and analysis of legal opinions and statutes needed to complete your final paper.

Unit 3 course spanning task: rough draft of an APA formatted research paper

Prepare a rough draft of your final research paper. Your rough draft must contain a cover page, table of contents, thesis statement, a substantial part of your supporting discussion grouped under major subject headings, including exposition and synthesis of the relevant sources, and a References page, all in APA format. A sample paper on a different legal topic is provided for guidance. In your final paper, you must also use proper in-text citations to the statutes, cases, and articles used as sources for your research.

Turn in your assignments to the appropriate dropbox.

Unit 4

Prepare and turn in your final research paper: "Hearsay and the Sixth Amendment's Confrontation Clause." The requirements and rubric for this paper are as follows:

  1. APA format, (15 points) including:
    1. proper citations within the text
    2. 8 to 15 pages in length, excluding the title and references pages
    3. A title page with title, "Hearsay and the Sixth Amendment's Confrontation Clause."
    4. An abstract page, briefly stating your research topic, major conclusions, and possible implications of your research, 75 and 150 words.
  2. A main body (120 points), divided with appropriate subheadings, including at least the following:
    1. An introductory paragraph, discussing:
      1. The Sixth Amendment basis for the right to confront witnesses
      2. A quotation of the Sixth Amendment, properly cited
      3. The topic of the paper, i.e., the relationship between hearsay evidence and confrontation
    2. A subheading and discussion for Crawford v. Washington (2004), (30 points) with illustrative quotations from the opinion, inluding:
      1. facts and procedural history of Crawford
      2. the prevailing test for admitting hearsay testimony under the right to confrontation before Crawford, i.e., in Ohio v. Roberts (1980)
      3. why Ohio v. Roberts was discarded as insufficient to protect the right to confrontation
      4. the US Supreme Court's partial definition of "testimonial" hearsay evidence, and examples given in Crawford
      5. the necessity, in Crawford, of an opportunity to cross-examine a "witness" who gives "testimony," but is unavailable at trial
      6. the US Supreme Court's conclusion about whether the evidence violated Crawford's right to confrontation
      7. the US Supreme Court's final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
      8. all properly cited within the text
    3. A subheading and ordered discussion of Supreme Court cases following Crawford, (30 points) with one or more illustrative quotations from the opinions, inluding:
      1. 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)
      2. the US Supreme Court's application of Crawford's principles to determine whether the challenged evidence was "testimonial" or "non-testimonial" with illustrative quotations
      3. the US Supreme Court's conclusion about whether the evidence in each violated the right to confrontation
      4. the US Supreme Court's final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
      5. all properly cited within the text
    4. A subheading and ordered discussion of the OK Court of Criminal Appeals cases following the Crawford and post-Crawford decisions, i.e., Miller v. State, 2004 OK CR 29, Hunt v. State, 2009 OK CR 21, Taylor v. State, 2011 OK CR 8, with one or more illustrative quotations from the opinions, inluding:
      1. 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)
      2. the OK Court of Criminal Appeals' application of Crawford and post-Crawford case law to the challenged hearsay evidence in each case, with illustrative quotations
      3. the OK Court of Criminal Appeals' conclusion whether the hearsay evidence in each case violated the right to confrontation; and whether the confrontation violation, if any, was harmless or reversible error, and if harmless or reversible, why
      4. the OK Court of Criminal Appeals' final disposition of the case (conviction reversed or affirmed, remanded for further proceedings, etc.)
      5. all properly cited within the text
  3. A subheading and conclusion, of one or more paragraphs (15 points), including:
      1. Re-stating the constitutional protection of the confrontation clause in relation to testimonial hearsay evidence
      2. Summarizing Crawford's change to the prior interpretation of the confrontation clause in Ohio v. Roberts (1980)
      3. Summarizing Crawford's impact on the use of hearsay evidence in OK Court of Criminal Appeals cases of Miller, Hunt, and Taylor
      4. Any scholarly views on positive or negative impacts of Crawford in future criminal prosecutions

Congratulations on completing American Judicial Process!