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45 Am. J. Crim. L. 461 (2018-2019)
Get with the Times: Why the Use of Live Two-Way Video Testimony Does Not Violate the Confrontation Clause

handle is hein.journals/ajcl45 and id is 469 raw text is: 






Article



GET WITH THE TIMES: WHY THE USE OF

LIVE TWO-WAY VIDEO TESTIMONY DOES

NOT VIOLATE THE CONFRONTATION

CLAUSE

Will  Resnik*

With  the continuing advancement of face-to-face video technology in our
society, it is inevitable that the Supreme Court is going to have to address
this technology's clash with our Constitutional rights. However, the Su-
preme  Court has yet to rule on whether the use of two-way video technolo-
gy  violates our Confrontation Clause rights. This Comment  reviews and
develops the legal landscape in the Supreme Court and the federal circuits
in regards to the use of this technology in the courtroom. With the legal
landscape in mind, this Comment asserts that the use of two-way video tes-
timony does not violate the Confrontation Clause. This Comment adopts the
view that this technology satisfies the current two-prong test under Mary-
land v. Craig because it serves important public policies and the testimony
via this technology is reliable.












  . J.D., Michigan State University College of Law 2018. B.A. Political Science, History Minor, High
Point University 2015. 1 would like to thank my Constitutional Law professor Mr. Michael A. Law-
rence for his insight, suggestions, and comments during my research and writing process of this Com-
ment. His help was invaluable. Thank you to Mr. Tim Gower, a family friend, for his insight and advice
on getting published. To all of the educators in my career, this would not be possible without you. Final-
ly, I would like to thank my parents for their continued love and support.


461

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