A New Confrontation Clause? Investigation, Prosecution, and Victims' Rights after Giles v. California
Doug Beloof, JD, Professor of Law, Northwestern School of Law at Lewis & Clark College
Tom Lininger, JD, Professor of Law, University of Oregon School of Law
This session will discuss the forfeiture by wrongdoing exception to the Confrontation Clause that was addressed in last summer’s United States Supreme Court case, Giles v. California. The panel will examine the implications of Giles, particularly in domestic violence cases, and discuss approaches that can be used to ensure that victims continue to be heard during criminal prosecutions.
Doug Beloof is a Law Professor at the Northwestern School of Law at Lewis & Clark College. Professor Beloof began his law career clerking for Justice Thomas H. Tongue of the Oregon Supreme Court. He has been a prosecutor and a criminal defense attorney and has practiced tort law as a plaintiff’s and defense attorney. As director of the Multnomah County Victims’ Assistance Program, he worked on establishing procedures to assist victims of crime, including a domestic violence program and multidisciplinary teams to deal with child abuse. Professor Beloof is the founder of the National Crime Victim Law Institute, and has published the case book Victims in Criminal Procedure, which won a national award for writing in victimology and the law. He has published numerous articles about civil liberties for crime victims and lectures nationally on victim law. Professor Beloof has received awards from The United States Attorney General, Mothers Against Drunk Driving, and the National Organization for Victim Assistance. He has testified in front of Congressional judiciary committees and has been cited by the Senate Judiciary Committee as a leading expert on victim law. He is a leader in legal education in crime victim law and writes amicus briefs to appellate courts nationwide.
Tom Lininger is a former Assistant United States Attorney and now a Law Professor at the University of Oregon School of Law. Oregon Governor Ted Kulongoski appointed Professor Lininger to chair the Oregon Criminal Justice Commission. Professor Lininger’s recent scholarship has focused on the application of the Confrontation Clause to statements by accusers in cases involving violent crime. His articles and essays have appeared in the Virginia Law Review, the Michigan Law Review, the Cornell Law Review, the Northwestern Law Review, the Texas Law Review, the Iowa Law Review, the Fordham Law Review, and the Stanford Law and Policy Review, among other journals.
This conference is supported by Grant No. 2008-DD-BX-K001 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
