Can a defendant confront the prosecution's witnesses?
California, United States of America
The following excerpt is from People v. Smith, A133592 (Cal. App. 2013):
"The confrontation clauses of both the federal and state Constitutions guarantee a criminal defendant the right to confront the prosecution's witnesses. [Citations.] That right is not absolute, however. An exception exists when a witness is unavailable and, at a previous court proceeding against the same defendant, has given testimony that was subject to cross-examination." (People v. Cromer (2001) 24 Cal.4th 889, 892.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a limitation on cross-examining a prosecution witness at trial violate a defendant's right to confront the witness? (California, United States of America)
Can a defendant confront prosecution witnesses at trial without violating his right of confrontation? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Can a defendant confront the witnesses in the witness box? (California, United States of America)
Is a defendant entitled to confront the prosecution's witnesses? (California, United States of America)
Does a defendant have the right to confront the prosecution witness during a criminal proceeding? (California, United States of America)
Can a defendant confront prosecution witnesses on cross-examination? (California, United States of America)
In what circumstances will a defendant be permitted to confront a witness in the witness box? (California, United States of America)
Does defendant's absence from the introductory hearing on the issue of prosecution witness Darlington affect his opportunity to defend against the charges? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
