Source Publication Abbreviation
Creighton L. Rev.
In this article the author explores whether the rule of forfeiture by wrongdoing is the post-Crawford panacea for victimless domestic violence prosecutions. Section II briefly discusses the Crawford decision and the revitalization of the Confrontation Clause. The author highlights Crawford's recognition of the rule of forfeiture by wrongdoing and the traditional concept of forfeiture by wrongdoing. Section III presents difficulties with the rule of forfeiture by wrongdoing in the domestic violence context. In Section IV the author proposes solutions to these difficulties along with the additional requirements that are necessary when applying the rule in domestic violence cases being tried without the victim testifying in court.
Forfeiture by Wrongdoing: A Panacea for Victimless Domestic Violence Prosecutions
, 39 Creighton L. Rev. 441
Available at: https://scholarship.law.umt.edu/faculty_lawreviews/28