New L&C Law Scholarship: Forfeiture After Giles
October 8th, 2009Deborah Tuerkheimer, Forfeiture After Giles:The Relevance Of “Domestic Violence Context”, 13 Lewis & Clark Law Review 711 (2009)
Giles v. California, the United States Supreme Court’s most recent pronouncement impacting the prosecution of domestic violence, has exposed deep judicial ambivalence about the newly transformed Confrontation Clause. This Article endeavors to guide lower courts in the task of implementation and to chart a course for the evolution of prosecutorial treatment of battering, concluding that Giles represents a significant opportunity for those concerned about the constraints Crawford v. Washington and Davis v. Washington had seemed to place on the prosecution of abuse. For the first time, the Court has identified “the domestic violence context” as a relevant construct, thereby compelling lower courts to grapple with the particularities of violence between intimates. This is a remarkable shift in relatively short order, and it allows us to glimpse the possibility of a jurisprudence informed by the realities of battering.
(abstract from Lewis & Clark Law Review)
