Confrontation Clause - Interaction With Other Laws

Interaction With Other Laws

The states are free to interpret similar clauses in state constitutions more strictly than the Supreme Court's interpretation of the federal Confrontation Clause.

Because many jurisdictions, including the federal courts and a number of states, practice constitutional abstention many cases that include Confrontation Clause violations are decided on other grounds. Constitutional abstention is a judicial preference to resolve dispositive non-constitutional issues first, and only turning to constitutional issues if they are necessary to resolve the case. In Confrontation Clause cases, constitutional abstention most typically occurs where the court resolves a hearsay issue based on the relevant evidence code before turning to the Confrontation Clause analysis. Thus, a preference for interpreting other closely related laws first often leaves Confrontation Clause issues unaddressed.

Read more about this topic:  Confrontation Clause

Famous quotes containing the words interaction with, interaction and/or laws:

    Recent studies that have investigated maternal satisfaction have found this to be a better prediction of mother-child interaction than work status alone. More important for the overall quality of interaction with their children than simply whether the mother works or not, these studies suggest, is how satisfied the mother is with her role as worker or homemaker. Satisfied women are consistently more warm, involved, playful, stimulating and effective with their children than unsatisfied women.
    Alison Clarke-Stewart (20th century)

    Our rural village life was a purifying, uplifting influence that fortified us against the later impacts of urbanization; Church and State, because they were separated and friendly, had spiritual and ethical standards that were mutually enriching; freedom and discipline, individualism and collectivity, nature and nurture in their interaction promised an ever stronger democracy. I have no illusions that those simpler, happier days can be resurrected.
    Agnes E. Meyer (1887–1970)

    We agree fully that the mother and unborn child demand special consideration. But so does the soldier and the man maimed in industry. Industrial conditions that are suitable for a stalwart, young, unmarried woman are certainly not equally suitable to the pregnant woman or the mother of young children. Yet “welfare” laws apply to all women alike. Such blanket legislation is as absurd as fixing industrial conditions for men on a basis of their all being wounded soldiers would be.
    National Woman’s Party, quoted in Everyone Was Brave. As, ch. 8, by William L. O’Neill (1969)