§36.01 INTRODUCTION

• Jurisdiction: North Carolina

§36.01. INTRODUCTION

The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him." The Confrontation Clause was held binding upon the states in Pointer v. Texas.¹

There are several aspects to this constitutional guarantee. First, the right of confrontation includes the right of the accused to be present at trial. Second, it guarantees the accused the right to face adverse witnesses ("face-to-face" confrontation). Third, the defendant also has the right to cross-examine these witnesses. Finally, the hearsay rule often permits the admission of evidence without...