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Right_To_Confrontation-_6th_Amendment
2013-11-13 来源: 类别: 更多范文
Right To Confrontation- 6th Amendment
Our constitution provides multiple rights and restrictions to those facing trial. The right to confrontation outlined in the 6th Amendment of our constitution, states the following: to be confronted with the witnesses against him. The right to confrontation means that defendants have the right to visibly see (face to face) and hear the witnesses/accusers that are testifying against them in court. The accused have this right to prevent three things. To prevent hearsay, ex parte testimonies, and so that the jury can judge from the demeanor of the witness, their truthfulness. Hearsay is evidence based on the reports of others rather than the personal knowledge of a witness; bear in mind there are exceptions to the hearsay rule. Ex parte would be any testimonies where the defense is absent and unable to cross- examine leaving what could be a very leading testimony.
In 1965 the Supreme Court was mostly concerned with preventing hearsay and making sure all witnesses were cross- examined when it came to the right of confrontation. In Pointer vs. Texas the complaining witness had testified in a preliminary hearing, where he was not cross-examined. When the trial date came the witness had moved to another state and no
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