Confrontation Clause

Confrontation Clause: Right to Confront

Testimonial statements may not be admitted at trial if the witness is unavailable and the defendant has not had an adequate prior opportunity to cross-examine the witness. Such statements would violate the defendant’s Confrontation Clause rights if admitted at trial. What constitutes an adequate prior opportunity to cross examine? In State v. Ross, the Defendant…

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Confrontation Clause Cases decided by the Supreme Court

The Confrontation Clause is one of the most important – but overlooked – parts of constitutional criminal law. While many legal analysts focus on the Fourth Amendment’s protections against unlawful searches and seizures, or the Fifth Amendment’s protection against self-incrimination, the most recent, positive Supreme Court developments in criminal defense law have been in the…

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Recent Developments in Confrontation Clause Law

The confrontation clause of the United States Constitution provides every defendant to question – in court – his accusers. Accusers is a broad term, including not just the victim, but also anyone who may have said something incriminating about the defendant outside of court. The confrontation clause is a protection for the defendant, allowing the…

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Confrontation Clause: Post-Crawford Developments

The “confrontation clause” of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” This little phrase has created a whole library full of commentary and legal opinions. At its core, the phrase is simple enough: a defendant ought…

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