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Law Review: Should there be a separate confrontation doctrine for domestic violence cases?

By Alliance Alert

Mark Egerman, Avoiding Confrontation (February 15, 2010). Available at SSRN: http://ssrn.com/abstract=1553455 "This article takes seriously Justice Scalia?s facetious aside in Giles v. California and examines whether there should be a separate confrontation doctrine for domestic violence cases. The history of Confrontation is explored, starting with one of its predecessors, the judicial duel. Dueling was used as a judicial fact-finder for centuries and developed a complex series of regulations that focused not only on accuracy, but also on the status of the participants. As the doctrine of confrontation developed, it retained some of the substantive status-oriented elements of dueling. An analysis of major cases from the Common Law and the Supreme Court tracks these developments and uncovers these elements. Modern confrontation doctrine is shown to embody non-adjudicatory elements concerned with status and social power."

Full post as published by Constitutionally Correct on February 19, 2010 (boomark / email).