NCJ Number
122969
Journal
American Criminal Law Review Volume: 26 Issue: 4 Dated: (Spring 1989) Pages: 1547-1573
Date Published
1989
Length
27 pages
Annotation
The Sixth Amendment right of a criminal defendant to confront adverse witnesses has its origins in English common law, but in its early history it was often denied to defendants, and in the United States has been subject to specific exceptions.
Abstract
From the beginning of the United States Supreme Court adjudication of the right, it has been clear that the right is not absolute. Instead, it is subject to exceptions based on public policy and the necessities of particular cases. Many of the cases address the scope of the right of cross-examination and the accompanying ability to impeach witnesses. The most recent issue addressed by the Supreme Court has been the role of literal confrontation in cases involving testimony by child witnesses in sexual abuse cases. The trends in the decisions suggest that the clause regarding confrontation will probably continue to be expanded, although its scope is complicated by issues related to technological advances. In addition, the courts have not yet fully explored the relationship between the right of confrontation and other rights linked to testimony in court proceedings. 173 footnotes.