The Hearsay Rule or The Confrontation Clause

The Hearsay Rule or The Confrontation Clause

The Hearsay Rule or The Confrontation Clause

Important! Read First

Choose one of the following two assignments to complete this week. Do not do both assignments. Identify your assignment choice in the title of your submission.

Option #1: The Hearsay Rule

Research the hearsay rule and the trial United States v. Hernandez (1985). Write a 2- to 3-page essay responding to each of the following items.

1. Summarize the hearsay rule and the trial.

2. Describe the final outcome of the appeal by Hernandez.

3. Explain how and why the hearsay rule played such a critical part in this case.

4. Describe your thoughts about the Supreme Court decision, based on the fact that the information from U.S. Customs was factual.

5. If sitting as a U.S. Supreme Court judge, would you have come to the same conclusion? Why or why not?

Paper Instructions:

Your paper should be 2-3 pages in length (not including the required title and references pages).

Include discussion and citation of at least two credible sources other than (or in addition to) the course textbook.

Ensure your document formatting and source citations conform to the APA format.

Option #2: The Confrontation Clause

Research and summarize the case of Davis v. Washington (2006). Then write a 2- to 3-page essay responding to each of the following items.

1. Describe the reasons why this case was so important with regard to the meaning of testimonial statements and the confrontation clause.

2. Do you agree with the courts in deciding that 911 calls do not constitute testimonial statements?

3. Make an argument for having 911 calls be testimonial, as these calls would violate the Fifth Amendment right of self-incrimination.

4. If sitting as a U.S. Supreme Court judge, would you have come to the same conclusion? Why or why not?

5. In your paper, also address the relationship between the hearsay rule and the confrontation clause.

Paper Instructions:

Your paper should be 2-3 pages in length (not including the required title and references pages).

Include discussion and citation of at least two credible sources other than (or in addition to) the course textbook.

Be sure your document formatting and source citations conform to the APA format.

Hearsay Rule

Hearsay Rule

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