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The Exclusionary Rule and the Confrontation Clause
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The Exclusionary Rule and the Confrontation Clause

20 MIN · EN · STATUS: [ STREAMING ]
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YALE · America's Unwritten Constitution with Akhil Reed Amar · LECTURE 29

A Yale teaching assistant for Akhil Reed Amar's course America's Unwritten Constitution revisits Amar's critique of the Fourth Amendment exclusionary rule, arguing it mainly benefits the guilty, before turning to a second exclusionary mechanism under the Sixth Amendment's Confrontation Clause. The lecture walks through the hearsay rule, the Supreme Court's shift to a testimonial standard in Crawford v. Washington, and the primary purpose test used to sort testimonial from non-testimonial statements. It applies that test to Ohio v. Clark, where a three-year-old's statement to a preschool teacher about abuse raised the question of whether a teacher counts as an agent of the state for Confrontation Clause purposes. Chaptered and concise, the talk is built around working through a live doctrinal puzzle rather than just summarizing case law, ending with an open question about how the Court should rule.

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Lecture facts

Runtime compared with the other 194 Law lectures
Runtime20 m
Compared with LawShorter than 58%