Can a defendant cross-examine and confront witnesses at a probation violation hearing?

California, United States of America


The following excerpt is from People v. Macaire, 2d Crim. No. B269702 (Cal. App. 2016):

"Although probation violation hearings involve the criminal justice system, they are not governed by all the procedural safeguards of a criminal trial. [Citations.] Specifically the Sixth Amendment's right of confrontation does not apply to probation violation hearings. [Citation.] A defendant's right to cross-examine and confront witnesses at a violation hearing stems, rather, from the due process clause of

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the Fourteenth Amendment. [Citation.]" (People v. Abrams (2007) 158 Cal.App.4th 396, 400.)

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