Baseball Crank
Covering the Front and Back Pages of the Newspaper
March 12, 2004
LAW: Out of Balance

Miami law professor Michael Froomkin and Volokh conspirator David Bernstein have some additional thoughts on Justice Scalia's denunciation of constitutional balancing tests in Crawford v. Washington, noted earlier here.

Posted by Baseball Crank at 7:59 AM | Law 2002-04 | Comments (2) | TrackBack (0)

There's also an article at Slate about how this is going to affect domestic violence prosecutions:, although unlike the author (a public defender), I don't think the results are necessarily a good thing - even if it is constitutionally correct. (But I'm a paternalistic, nanny-state liberal, so what did you expect?)

Posted by: Devin McCullen at March 13, 2004 12:45 AM

I certainly don't think this case is an unambiguously good thing as a public policy matter, but it is clearly the most sensible reading of the constitutional text, and it does have some important benefits as a policy matter in avoiding prosecutorial abuses. The biggest downside is the increased risk of violence against witnesses who have testified in the grand jury or at a preliminary hearing.

Posted by: The Crank at March 13, 2004 1:50 AM
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