Confrontation: How Much, and When?, A Guest Post by Kevin Lapp

I am curious whenEvidence professors teach the Confrontation Clause, and how much coverage theyallot to it. David Sklansky’s teacher’s manual suggests covering theConfrontation Clause after introducing hearsay but before going through theexemptions/exceptions. A quick check of a half dozen textbooks on my shelffound that all the others place the Confrontation Clause reading after theexemptions/exceptions. 

Since I’m in the middleof teaching the course for only the second time, I don’t have any developedthoughts about the timing and extent of coverage, and would love to read thecomments of those who have taught the class more times about why they have madethe choices they’ve made on this subject. 

For what it’s worth, Iteach a 4 credit Evidence course, we spent about 2.5 hours covering theConfrontation Clause material I assigned, and I cover it after going throughthe hearsay exceptions. I’m inclined to cut the class time devoted toConfrontation down to 2 hours max next time through, and am open to covering itbefore we run through 803 and 804.