California, United States of America
The following excerpt is from Herbert v. Superior Court, 117 Cal.App.3d 661, 172 Cal.Rptr. 850, 19 ALR 4 th 1276 (Cal. App. 1981):
The issue of violation of the right has arisen more frequently in the application of hearsay rules to a trial situation. In this context, confrontation; "(1) insures that the witness will give his statements under oath thus impressing him with the seriousness of the matter and [117 Cal.App.3d 667] guarding against the lie by the possibility of a penalty for perjury; (2) forces the witness to submit to cross-examination, the 'greatest legal engine ever invented for the discovery of truth'; (3) permits the jury that is to decide the defendant's fate to observe the demeanor of the witness in making his statement, thus aiding the jury in assessing his credibility." (California v. Green, supra, 399 U.S. at p. 158, 90 S.Ct. at p. 1935, 26 L.Ed.2d at p. 497. Fn. omitted.)
It is evident the focus of the hearsay cases has been on defendant's right to cross-examine witnesses (see e. g., Pointer v. Texas, supra, 380 U.S. at pp. 406-407, 85 S.Ct.
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