Does the Sixth Amendment's right of confrontation apply to probation violation hearings?

California, United States of America


The following excerpt is from People v. Williams, F075119 (Cal. App. 2018):

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 the Fourteenth Amendment. [Citation.] Those confrontation rights, however, are not absolute, and where appropriate, witnesses may give evidence by ' "affidavits, depositions, and documentary evidence." ' (People v. Abrams (2007) 158 Cal.App.4th 396, 400, fn. omitted (Abrams); see Morrissey v. Brewer (1972) 408 U.S. 471, 489 [parole revocation " 'process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial'].)" We turn to a review of the relevant law.

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