Is a defendant entitled to confront and cross-examine the witnesses?

California, United States of America


The following excerpt is from People v. Anderson, 240 Cal.Rptr. 585, 43 Cal.3d 1104, 742 P.2d 1306 (Cal. 1987):

Under both the federal and state Constitutions a criminal defendant is guaranteed the right to confront and cross-examine the witnesses against him. (U.S.Const., 6th Amend.; Pointer v. Texas (1965) 380 U.S. 400, 403-405, 85 S.Ct. 1065, 1067-1069, 13 L.Ed.2d 923 [holding the confrontation clause applicable to the states]; Cal.Const., art. I, 15.) This right is confirmed in Penal Code section 686, which provides in relevant part that "[i]n a criminal action the defendant is entitled ... to be confronted with the witnesses against him, in the presence of the court...."

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