NCJ Number
6379
Journal
Criminal Law Bulletin Volume: 8 Issue: 2 Dated: (MARCH 1972) Pages: 99-144
Date Published
1972
Length
46 pages
Annotation
HEARSAY RULE MAY VIOLATE 6TH AMENDMENT GUARANTEE THAT IN ALL CRIMINAL PROSECUTIONS THE ACCUSED WAS RIGHT TO BE CONFRONTED WITH WITNESSES AGAINST HIM.
Abstract
THE ARTICLE PRESENTS A SUMMARY OF THE SUPREME COURT TREATMENT OF THE CONFRONTATION ISSUE. THREE MAJOR PROPOSITIONS EMERGE. ONE IS THAT A PERSON IS A WITNESS UNDER THE CONFRONTATION CLAUSE WHEN HIS TESTIMONY UNDER OATH AT THE PRELIMINARY HEARING IS USED TO CONVICT THE DEFENDANT. THE SECOND IS THAT THE RIGHT OF CONFRONTATION IS NOT SATISFIED MERELY BY BRINGING THE DEFENDANT FACETO-FACE WITH THE WITNESS AGAINST HIM AT A PRELIMINARY HEARING. THIRDLY, THE DEATH OF THE WITNESS COULD BE A CIRCUMSTANCE WHICH EXCUSES THE ABSENCE OF CONFRONTATION. THE AUTHOR PROPOSES A CONFRONTATION THEORY BASED ON A SERIES OF QUESTIONS. WHO ARE WITNESSES AGAINST THE DEFENDANT. WHAT IS REQUIRED TO SATISFY THE CONFRONTATION CLAUSE. WHAT CIRCUMSTANCES EXCUSE AN ABSENCE OF CROSSEXAMINATION. WHAT IS REQUIRED TO WAIVE RIGHT OF CONFRONTATION. DOES THE SIXTH AMENDMENT REQUIRE ANY PARTICULAR METHOD OF PROVING UNCONFRONTED STATEMENTS. AUTHOR ABSTRACT MODIFIED