Giles v. California
Encyclopedia
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States
that held that for testimonial statements to be admissible under the forfeiture exception to hearsay
, the defendant must have intended to make the witness unavailable for trial.
, the Court held that a defendant only forfeited his confrontation rights when he intended to procure the unavailability of the witness. The Court examined the history of the common law forfeiture right, finding that every case since 1666 required that the defendant intend to make the witness unavailable for trial. The Court noted that subsequent history also still required an intent element, with only a few modern exceptions.
The decision of the California Supreme Court was vacated and the case was remanded for further proceedings.
argued that the domestic violence report by the victim to the police was not testimonial and thus not barred by the confrontation clause.
questioned whether the statements at issue were actually testimonial in nature.
, Justice Souter
agreed with the Court's historical analysis, but stressed as most persuasive the idea that finding forfeiture for crimes like the one at issue was too circular. In the present case, for the victim's statements to be let in, it would need to be shown (in a preliminary hearing by a preponderance of the evidence) that the defendant had killed her, even though that was the very crime for which he was being tried.
, Justice Kennedy
, Justice Breyer
argued that the defendant's knowledge that murdering his girlfriend would make her unavailable to testify should have been enough to fulfill the intent requirement of the majority opinion.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that held that for testimonial statements to be admissible under the forfeiture exception to hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
, the defendant must have intended to make the witness unavailable for trial.
Factual background
The defendant Dwayne Giles was charged with murdering his girlfriend. During the trial, prosecutors were able to introduce statements made by Giles' girlfriend to police about a domestic violence incident between her and Giles. Giles was convicted, and his conviction was affirmed by the California Supreme Court. The court reasoned that the report of domestic violence should be admissible under the forfeiture rule codified in California Evidence Code § 1370 because Giles had presumably made the declarant unavailable by murdering her. Generally, the girlfriend's statements to the police would be inadmissible as out-of-court hearsay, but the testimony was admitted due to an exception to the hearsay rule which allows the admission of out-of-court statements by a witness when the defendant has made that witness unavailable to testify in court. The Supreme Court granted certiorari.Majority opinion
In a majority opinion by Justice ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, the Court held that a defendant only forfeited his confrontation rights when he intended to procure the unavailability of the witness. The Court examined the history of the common law forfeiture right, finding that every case since 1666 required that the defendant intend to make the witness unavailable for trial. The Court noted that subsequent history also still required an intent element, with only a few modern exceptions.
The decision of the California Supreme Court was vacated and the case was remanded for further proceedings.
Justice Thomas' concurrence
In his concurring opinion, Justice ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
argued that the domestic violence report by the victim to the police was not testimonial and thus not barred by the confrontation clause.
Justice Alito's concurrence
In his concurring opinion, Justice AlitoSamuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
questioned whether the statements at issue were actually testimonial in nature.
Justice Souter's concurrence in part
In an opinion concurring in part joined by Justice GinsburgRuth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, Justice Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
agreed with the Court's historical analysis, but stressed as most persuasive the idea that finding forfeiture for crimes like the one at issue was too circular. In the present case, for the victim's statements to be let in, it would need to be shown (in a preliminary hearing by a preponderance of the evidence) that the defendant had killed her, even though that was the very crime for which he was being tried.
Dissenting opinion
In a dissenting opinion joined by Justice StevensJohn Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, Justice Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, Justice Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
argued that the defendant's knowledge that murdering his girlfriend would make her unavailable to testify should have been enough to fulfill the intent requirement of the majority opinion.