Does a defendant have a right to confront and cross-examine the victim at a restitution hearing?

California, United States of America


The following excerpt is from In Re Zachary F., 2d Juv. No. B215966, Super. Ct. No. J1285730 (Cal. App. 2010):

Appellant claims that he was denied the right to confront and cross-examine adverse witnesses. "California courts have repeatedly held that [a] defendant does not have a Sixth Amendment right of confrontation at the sentencing stage of a criminal prosecution. [Citations.]" (People v. Cain (2000) 82 Cal.App.4th 81, 86, citing People v. Arbuckle (1978) 22 Cal.3d 749, 754.) A hearing to determine the amount of restitution is part and parcel of sentencing. (Id., at p. 87.) Appellant cites no authority that he has a Sixth Amendment right to confront and cross-examine the victim at a restitution hearing. (Ibid.)

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