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Reconsidering Spousal Privileges after Crawford

I. Introduction

The Supreme Court's decision Crawford v. Washington1 has revitalized the Confrontation Clause in criminal proceedings by restricting the government's use of hearsay evidence where the out-of-court declarant does not testify at trial. It has lead increasingly to circumstance s where criminal defendants are able to exclude out-of-court statements that would previously have been admitted under firmly rooted exceptions to the hearsay rules.2 This sudden shift in the relationship between state evidentiary rules and the Sixth Amendment's Confrontation Clause has lead to confusion and uncertainty for prosecutors, defense counsel, and judges. While the fallout from Crawford has been ...

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