This article begins with a presentation of the Giles case and provides an historical understanding of the confrontation right and forfeiture by wrongdoing under the Constitution, common law, and Federal Rules of Evidence. Through an examination of waiver requirements for other confrontation rights, the article demonstrates that the Court’s addition of an intent element has turned the forfeiture doctrine into a waiver of the confrontation right by misconduct.
Monica J. Smith,
Goodbye Forfeiture, Hello Waiver: The Effect of Giles v. California,
Barry L. Rev.
Available at: https://lawpublications.barry.edu/barrylrev/vol13/iss1/4