Making Constitutional the Permissive Inference in Giles v. California: Changing the Intent to Silence from “Purposely” to “Knowingly”
Document Type
Article
Publication Title
Lewis & Clark Law Review
Journal Abbreviation
Lewis & Clark L. Rev.
Abstract
It is suggested here that the element of “purposely” silencing a witness that is presently required by the Giles majority as a predicate to forfeiture by wrongdoing, be changed to “knowingly” silencing a witness. This solution resolves the equitable problem of “near circularity” identified by Justice Souter while resolving Justice Breyer’s concerns about inferring “purpose” to silence from a classic abusive relationship.
First Page
697
Last Page
709
Publication Date
Fall 2009
Recommended Citation
Douglas E. Beloof,
Making Constitutional the Permissive Inference in Giles v. California: Changing the Intent to Silence from “Purposely” to “Knowingly”,
13
Lewis & Clark L. Rev.
697
(2009).
Available at:
https://lawcommons.lclark.edu/faculty_articles/5003868