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Encyclopedia > Confrontation Clause

The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: "In all criminal prosecutions, the accused shall enjoy the right to .... be confronted with the witnesses against him." Amendment VI (the Sixth Amendment) of the United States Constitution guarantees rights related to criminal prosecutions in federal courts. ...


The Confrontation Clause has its roots in in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in the eye. According to the Bible, Acts 25:16, the Roman Governor Festus, discussing the proper treatment of his prisoner, Paul, stated: "It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges." Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the British Isles Languages English (de facto) Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked 1st UK 50. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In law, cross-examination is the interrogation of a witness called by ones opponent. ... Roman Law is the legal system of ancient Rome. ... The Bible (From Greek βιβλια—biblia, meaning books, which in turn is derived from βυβλος—byblos meaning papyrus, from the ancient Phoenician city of Byblos which exported papyrus) is the sacred scripture of Christianity. ... Roman or Romans may refer to: History Ancient Rome Roman Kingdom (753 BC to 509 BC) Roman Republic (509 BC to 44 BC) Roman Empire (44 BC to AD 476) Roman citizen Byzantine Empire (330 to 1453), also known as the Eastern Roman Empire or the Empire of the Greeks...


Many decisions of the Supreme Court of the United States have affirmed the right of the accused under the Confrontation Clause to have a face-to-face confrontation with the accuser, and an opportunity cross-examine the accuser. In the 2004 decision of Crawford v. Washington, the Supreme Court emphasized that the right to confront one's accusers could not be taken away in cases where judges believe that testimonial hearsay evidence is reliable because such hearsay evidence had not had its reliability tested through the procedural crucible of cross-examination. [1]. The Supreme Court of the United States is the highest judicial body in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ... In law, cross-examination is the interrogation of a witness called by ones opponent. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Holding The use at trial of out of court statements made to police by an unavailable witness violated a criminal defendants Sixth Amendment right to confront witnesses against him. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... Evidence has several meanings as indicated below. ...


References

Pollitt, The Right of Confrontation: Its History and Modern Dress, 8 J. Pub. L. 381, 384-387 (1959).


See also


  Results from FactBites:
 
IPT Journal - "Confrontation Clause Revisited: Supreme Court Decisions Idaho v Wright, and Craig v Maryland" (2244 words)
Moreover, the Clause does not erect a per se rule barring the admission of prior statements of a declarant who is unable to communicate to the jury at the time of trial.
The court held that the procedure usually cannot be invoked unless the child initially is questioned in the defendant's presence and that, before using the one-way television procedure, the trial court must determine whether a child would suffer severe emotional distress if he or she were to testify by two-way television.
The Clause's central purpose, to ensure the reliability of the evidence against a defendant by subjecting it to rigorous testing in an adversary proceeding before the trier of fact, is served by the combined effects of the elements of confrontation: physical presence, oath, cross-examination, and observation of demeanor by the trier of fact.
  More results at FactBites »


 

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