Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing

I’ve previously discussed the forfeiture by wrongdoing exception to the confrontation clause in this blog (here) and in numerous other publications (for example, here). In a nutshell, the forfeiture by wrongdoing exception extinguishes confrontation claims on the equitable grounds that a person should not be able to benefit from his or her wrongdoing. Forfeiture by wrongdoing applies when a defendant engages in a wrongful act that prevents the witness from testifying, such as threatening, killing, or bribing the witness. When the doctrine applies, the defendant is deemed to have forfeited his or her confrontation clause rights. Put another way, if the defendant is responsible for the witness’s absence at trial, he or she cannot complain of that absence. In a recent case, United States v. Jackson, 706 F.3d 264 (4th Cir. 2013), the Fourth Circuit declined the defendant’s invitation to take a narrow view of this equitable doctrine. In Jackson, the defendant was charged with murder, drug, and firearm offenses. The defendant was the leader of a local drug ring. Unfortunately for the victim, he got on the defendant’s bad side. In addition to stealing money and drugs from one of the defendant’s associates, the victim was known for selling fake drugs in the area, thus putting a damper on the defendant’s drug trade. All of this lead to a confrontation between the defendant and the associate on one side and the victim on the other. During this confrontation the defendant’s associate shot at the victim but missed and the victim [...]