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Confrontation Clause

The Confrontation Clause of the 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."

The Confrontation Clause has its roots 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."

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 to 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].

Related Law Blog Posts

Swastikas & the Confrontation Clause
We’ve never spent too much time pondering the Confrontation Clause. In fact, it doesn’t appear to have ever been mentioned on the Law Blog...

Confrontation Clause and Blood Test Results
United States v. Brian K. Ellis, No. 05-3942 (August 22, 2006): Mr. Ellis was arrested on a DUI charge. He was taken to a hospital for blood and urine tests...

Waiting for Melendez: The Confrontation Clause Revisited.
 Bill of Rights (From public domain.) Sometimes the United States Supreme Court does true justice for criminal defendants...

Davis v. Washington - U.S. Supreme Court - Confrontation clause
Click here to read the full opinion of the Supreme Court. Today the U.S. Supreme Court decided Davis v. Washington (Slip Opinion 05-5224) and Hammon v...

A very interesting case on the Confrontation Clause & Child Witneses
The Confrontation Blog has a great and very detailed post on the use of hearsay from child witnesses.  Anyone defending child molestation cases understands that the use of child hearsay in sexual abuse cases including not only criminal cases but child protective proceedings and civil matters...

Confrontation Clause, Evidentiary Claims Rejected in 2254 Case
Dalton v. Dinwiddie, No. 07-6126 (10th Cir. April 8, 2008) (unpublished): The Tenth denied the certificate of appealability and dismissed the appeal of the petitioner, who is serving life in Oklahoma, in this 2254 case...

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Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...

Does this clause enable my landlord to raise my rent in the middle of the lease (PA)?
No, If the lease term has not expired the rent will remain as specified original...

Can a landlord break a lease to sell the property?
Your lease will contain a clause that it is "binding on all successors and ...

Wrongful termination for reporting misconduct of a co-worker?
It doesn't sound as if you did anything wrong. Although he didn't make physical ...


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