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Thursday, March 27, 2008

Confronting your accuser used to be a right. Now it isn't.

In a series of decisions from 2004 to 2007, the Supreme Court abdicated its role in limiting prosecutors’ use of a large category of hearsay deemed “nontestimonial.” It is now up to State legislatures to fill the gap created by the Supreme Court's originalist interpretation of the Sixth Amendment and enforce the confrontation requirement.

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