Confrontation Clause

1515 Words4 Pages

In the United States criminal justice system, the accused is presumed innocent until proven guilty. With this concept in mind, the accused are given many rights to a fair trial. One of those rights falls under the sixth amendment in the United States Constitution. The confrontation clause reads, “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” West’s Encyclopedia of American Law defines the confrontation clause as, “A fundamental right of a defendant in a criminal action to come face-to-face with an adverse witness in the court’s presence so the defendant has a fair chance to object the testimony of the witness, and the opportunity to cross-examine him or her” (Lehman & Shirelle, 2005, p. 85) The confrontation clause is essential to due process and pertains to the federal and state court. In some circumstances the accused is not being given the right to confront witness testimony face-to-face because the justice system grants exceptions to this constitutional right. The right to confront one’s accuser originates from English Common law and dates back to before the American Revolution (Lehman & Shirelle, 2005, p. 86). Four centuries ago, in 1603, Sir Walter Raleigh was accused of treason. There was no witness and the only proof was a written statement (Richey, 2003, p. 2). The prosecutor and judge denied Raleigh a chance to confront his accuser in court. Consequently, Raleigh was found guilty and sentenced to death. It is said by many that Sir Walter Raleigh’s infamous trial is most likely the catalyst for the Confrontation Clause (King, 2010, p. 31) The Salem Witch Trials in Massachusetts also initiated the need for the accused to confront their accus... ... middle of paper ... ...oted and Transformed. Cato Supreme Court Review , 439-468. King, C. C. (2010, August). Confronting Science Melendez-Diaz and the Confrontation Clause of the Sixth Amendment. FBI Law Enforcement Bulletin , pp. 24-32. Lehman, J., & Shirelle, P. (2005). Confrontation. West's Encyclopedia of American Law , 85-87. McKinstry, R. (2007). "An Exercise in Fiction": The Sixth Amendment Confrontation Clause, Forfeiture by Wrongdoing, and Domestic Violence in Davis v. Washington. Harvard Journal of Law & Gender , 531-542. Parise, A. S. (1991). Maryland v. Craig: Ignoring the Letter and Purpose of the Confrontation Clause. Brigham Young University Law Review , 1093-2007. Richey, W. (2003). Can a Defendant Be Denied the Right To Confront Witnesses? Christian Science Monitor , 2. Supreme Court: Right to Confront Witnesses Strengthened. (2004, March 11). World News Digest .

Open Document