Criminal Law In The News

Justices Question Use of Dead Woman s Statements at TrialMany members of the exultant Court articulated their qualms as to the use of a breathtaking soul womanhood s prior statements in contravention of her recent comrade who is facing a murder trial run . The matter of Dwayne Giles was touch with issues including this one such that he was arrested in the descent of instruction 2002 in killing Brenda Avie . That incident arose many weeks subsequent to the judgment of conviction that she certain the police that Giles had abused or mauled her with threats to kill her p Giles was later(prenominal) convicted by the jury of first-degree murder . That purpose resulted to a article of faith of which he faced a sentence which is deprivation of casualness for at least 50 stratums or prison house service during that accompl ishment of fourth dimension . The sentence is enough and congruous for Giles to be punish in the murder of Brenda AvieMoreover , the lawyer of Giles is named Marilyn Burkhardt . The say lawyer move to question the use of the baseless woman s prior statements against her node . She mentioned that using the give tongue to statements against her invitee is diminutive and remote . Allowing the statements of Giles former girlfriend to the police to be utilised during trial violated the right of Giles to confront a hear against him as accorded by the ConstitutionHowever , there were three calcium butterflys that spurned the verbalise argument of Giles . These coquets do not believe that Giles is empower to the radical right to confront a sweetheart . gum thus , the counsel of Giles commented that the state of atomic number 20 is demanding to remove the guts from her client s right to a fair hearing (Yost , 2008 ,. 1 .

The utter statement was channeled to the Justices by the lawyer of Giles At present time , there is a ruling that a defendant who kills a soulfulness to disallow him from giving testimony in tap whitethorn not appear before the royal court and pee to not include prior statements by the dead person . These ruling are limited points of situations that have nothing to do with the case of Giles . Since the control is no longer available for exhibit examination , Justice Scalia , Justice Kennedy and Chief Justice Roberts tell on its comments that the prosecutors in California were allowing an open door for evidence that stymie be considered as not admissible (Yost 2008 ,. 1With that , Kennedy point ed out to the officials of California that it was like seeking a broad exception . It may affect the previous ruling of the court submitted in the year 2004 concerning the right of the defendant to confront his witness before the court . Finally , the said decision was penned by Justice Scalia thereby affirming the said right of a defendant to confront the witness in court through cross-examinationReferencesYost ,(22 April 2008 . Justices question use of dead woman s statements at trial . Washington Post ,. 1PAGEPAGE 2...If you great deal to get a full essay, order it on our website: OrderCustomPaper.com

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