RIGHT OF CONFRONTATION AND THE USE OF NON-TESTIFYING CODEFENDANT'S CONFESSIONS - CONSTITUTIONAL LAW IN MICROCOSM

• NCJ Number: 11920
• Journal: University of Miami Law Review Volume: 26 Issue: 4 Dated: (SUMMER 1972) Pages: 755-777
• Author(s): T A HENDRICKS
• Date Published: 1972
• Length: 23 pages
• Corporate Author: University of Miami
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AN ANALYSIS OF COURT CASES WHICH HAVE COMPOUNDED THE COMPLEXITIES OF INTERPRETING THE RIGHT OF CONFRONTATION ON BEHALF OF DEFENDANTS JEOPARDIZED BY NON-TESTIFYING CODEFENDANT'S CONFESSIONS.

Abstract

THE AUTHOR ARGUES THAT COURT DECISIONS HAVE FAILED TO GIVE A CLEAR INTERPRETATION OF A DEFENDANT'S RIGHTS WHERE A NON-TESTIFYING CODEFENDANT'S CONFESSION IS INVOLVED IN THE PRESENTATION OF THE PROSECUTION. IN INTRODUCING THE CONCEPT OF 'HARMLESS ERROR' IN LABELING THE CODEFENDANT'S CONFESSION TO BE INCIDENTAL TO THE CASE AGAINST THE DEFENDANT, THE AUTHOR CONSIDERS THAT A MOTION FOR SEVERANCE PRIOR TO THE FULL PRESENTATION OF THE PROSECUTION'S EVIDENCE PLACES THE JUDGE IN A POSITION WITH NO CLEAR JUDICIAL PRECEDENT.