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Confronting the Court: The Supreme Court, the Confrontation Clause, and the Ways They Interact
Elliott, Joshua D. (Daniel)
Elliott, Joshua D. (Daniel)
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URCAS, Student research, 2018 Spring, Class of 2019, Political Science, Department of, Judicial process, Supreme Court of the United States, Confrontation Clause, Jurisprudence, Prelaw
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Abstract
The Confrontation Clause, a collection of eighteen words contained within the Sixth
Amendment, protects the right of the criminally accused to "be confronted with the witnesses
against" him or her. Yet, as decades of Supreme Court litigation have sought to redefine this
right, the meaning of the Confrontation Clause has changed noticeably. This paper seeks to
determine what reasons may underlie the Supreme Court's decisions in Confrontation Clause
litigation. By examining data collected from Supreme Court cases between 1953 and 1997 that
deal with Confrontation, this paper uncovers the ideological tone of the lower court's opinion as
one possible predictor of judicial decision-making of the Supreme Court.
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Presentation by Daniel Elliott ('19) delivered at the Rhodes College Undergraduate Research and Creative Activity Symposium (URCAS).