Crawford V Essay

1476 WordsDec 17, 20146 Pages
Legal Memorandum TO: Judge Mack FROM: Legal Clerk- Paloma Garcia RE: Crawford v. Washington DATE: November 2, 2014 Petitioner Michael Crawford stabbed a man who allegedly tried to rape his wife, Sylvia. At his trial, the State played for the jury Sylvia's tape-recorded statement to the police describing the stabbing, even though Crawford had no opportunity for cross-examination. The State sought to introduce a recorded statement that petitioner's wife Sylvia had made during police interrogation, as evidence that the stabbing was not in self-defense. Sylvia did not testify at trial because of Washington's marital privilege. The tape was played at trial, but she did not testify, testimonial statements are at issue, the only indicium of…show more content…
Did Kenny do anything to fight back from this assault? "A. (pausing) I know he reached into his pocket . . . or somethin' . . . I don't know what. "Q. After he was stabbed? "A. He saw Michael coming up. He lifted his hand . . . his chest open, he might [have] went to go strike his hand out or something and then (inaudible). "Q. Okay, you, you gotta speak up. "A. Okay, he lifted his hand over his head maybe to strike Michael's hand down or something and then he put his hands in his . . . put his right hand in his right pocket . . . took a step back . . . Michael proceeded to stab him . . . then his hands were like . . . how do you explain this . . . open arms . . . with his hands open and he fell down . . . and we ran (describing subject holding hands open, palms toward assailant). "Q. Okay, when he's standing there with his open hands, you're talking about Kenny, correct? "A. Yeah, after, after the fact, yes. "Q. Did you see anything in his hands at that point? [541 U.S. 40] "A. (pausing) um um (no)." (Citation- http://www.leagle.com/decision/2004577541US36_1575) Analysis: Cross-examination is critical during litigation. Many cases have to be proven based on solely witness testimony because of the lack of physical evidence. Therefore, the responsibility of a witness to tell the truth relies on methods
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