Define: Confrontation

Confrontation refers to the right of a defendant in a criminal case to face and cross-examine witnesses who testify against them.

Yes, confrontation is protected under the Sixth Amendment of the United States Constitution, which guarantees the right of the accused to confront witnesses against them.

Yes, a defendant can choose to waive their right to confrontation, but this decision must be made knowingly, voluntarily, and intelligently, with the advice of counsel.

Yes, there are certain exceptions to the right of confrontation, such as when a witness is unavailable and has previously provided testimony that is now being offered against the defendant.

In most cases, a defendant does not have the right to confront witnesses during pre-trial proceedings, such as grand jury hearings or preliminary hearings. However, they can confront witnesses during the actual trial.

In certain circumstances, such as when a witness is unable to appear in person due to illness or other valid reasons, a defendant may be allowed to confront witnesses through videoconferencing.

When a witness is a minor, the court may take special measures to protect their well-being, such as allowing them to testify in a separate room or using closed-circuit television. However, the defendant’s right to confront the witness is still generally preserved.

Yes, a defendant has the right to confront expert witnesses who testify against them. This includes the opportunity to cross-examine the expert and challenge their qualifications, methodology, or conclusions.

If a witness has passed away before the trial, their previous statements may still be admissible under certain circumstances. However, the defendant’s right to confront the witness is generally considered to be violated if the witness is deceased and cannot be cross-examined.