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To continue to monitor developments related to the Federal Rules of Evidence and of Criminal Procedure, offering commentary where appropriate, with the goal of becoming involved as early in the process as possible.
To continue to track federal and state court treatment of the Confrontation Clause. Crawford v. Washington and subsequent cases -- particularly Davis v. Washington, Giles v. California, and
Melendez-Diaz v. Massachusetts -- have transformed the meaning and scope of the Clause, and this development also has significant long-term ramifications for the law of hearsay. We will continue to monitor the cases, and decide whether sufficient time has passed to submit a report to the CJS Council recommending that the Section establish policy on this important issue. In particular, we will consider whether to make statements (1) explaining the relationship of Crawford and the Bruton doctrine, and (2) exploring the possibility of greater use of depositions for purposes of preservation of testimony in criminal cases, and of a rules change facilitating such use.
To monitor and possibly comment on developments in the area of the video-taping of police-suspect interviews.
To determine whether to sponsor a continuing legal education program at a future ABA Annual Meeting.
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