Introduction to the Confrontation Clause
General introduction to the confrontation clause:
- The Sixth Amendment to the Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him….” U.S. Const. amend. VI.
- The protections of the Sixth Amendment’s Confrontation Clause apply in prosecutions of members of the armed forces. United States v. Jacoby , 29 C.M.R. 244, 246-247 (C.M.A. 1960) (Overruling United States v. Sutton , 11 C.M.R.220 (C.M.A. 1953) and United States v. Parrish , 22 C.M.R. 127 (C.M.A. 1956)
- Organization of Outline
- Part II discusses satisfying the Confrontation Clause through witness production, waiver, and forfeiture by wrongdoing.
- Parts III and IV discuss two broad categories of Confrontation Clause cases. discusses the law involving or by a court on the scope of cross-examination.discusses the law involving the and reflecting the right to a witness at trial. [Note: the classification of cases in Part IV is modeled in part on the organizing principles of the National District Attorney Association’s “ Crawford Outline.”]
- Part V discusses the appellate review issues for Confrontation Clause cases.
- Part VI is a Confrontation Clause analysis chart.