Litigation Series: Crawford and Beyond: Mastering the Modern Confrontation Clause

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This program provides a comprehensive analysis of the Sixth Amendment Confrontation Clause as reshaped by Crawford v. Washington and its extensive body of subsequent case law. The presentation traces the evolution from the reliability-based framework of Ohio v. Roberts to the modern testimonial-statement doctrine, explaining when out-of-court statements are barred absent prior cross-examination. Participants will gain a clear understanding of what constitutes testimonial evidence, how availability and unavailability of witnesses are assessed, and how courts apply the primary-purpose test in real trial settings.

The program also addresses key post-Crawford developments, including forfeiture by wrongdoing, surrogate expert testimony, and recent Supreme Court decisions affecting forensic evidence and co-defendant statements. Using detailed hypotheticals and litigation examples, the session equips trial attorneys with practical tools for litigating Confrontation Clause issues through motions in limine, objections, and appellate preservation. The focus remains squarely on doctrine, procedure, and trial application.

 

To register for the upcoming live webinar, please check back later.