Chapter 5 - §1. Overview

JurisdictionUnited States

§1. Overview

Under the Sixth Amendment to the U.S. Constitution, a criminal defendant has a right to confront all witnesses who "bear testimony" against him, whether that testimony comes through an appearance at trial or through introduction of an out-of-court statement. See U.S. Const. amend. 6; Melendez-Diaz v. Massachusetts (2009) 557 U.S. 305, 309-10; Crawford v. Washington (2004) 541 U.S. 36, 50-51. When the prosecution offers testimony that violates this right, it typically must be excluded. See...

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