New L&C Law Scholarship: Making Constitutional the Permissive Inference In Gile V. California
October 8th, 2009Douglas E. Beloof, Making Constitutional the Permissive Inference In Gile V. California: Changing the Intent To Silence From “Purposely” To “Knowingly”, 13 Lewis & Clark Law Review 697 (2009)
It is suggested here that the element of “purposely” silencing a witness that is presently required by the Giles majority as a predicate to forfeiture by wrongdoing, be changed to “knowingly” silencing a witness. This solution resolves the equitable problem of “near circularity” identified by Justice Souter while resolving Justice Breyer’s concerns about inferring “purpose” to silence from a classic abusive relationship.
(abstract from Lewis & Clark Law Review)
