Section 23.69 Hearsay and the Confrontation Clause

• Library: Criminal Practice 2012 Supp

B. (§23.69) Hearsay and the Confrontation Clause

See Crawford v. Washington, 541 U.S. 36 (2004), mentioned in §23.68 above.

The Sixth Amendment to the United States Constitution reads: “In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him . . . .” The right to confront witnesses and compel them to be judged by their statements and demeanor is one of the core values of the Sixth Amendment’s Confrontation Clause. Pointer v. Tex., 380 U.S. 400, 403 (1965). An essential right or interest secured by confrontation is the right to cross-examine witnesses. Bruton v. United States, 391 U.S. 123, 126 (1968); State v. Blair, 638 S.W.2d 739, 754 (Mo. banc 1982), cert. denied, 459 U.S. 1188 (1983). Admitting extrajudicial statements...