CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Confrontation
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Criminal: In General
............Constitutional/Statutory Authority
7 Cards On This Topic:
Criminal D has right to confront and cross-examine DA's witnesses.
Criminal D has right to confront and cross-examine DA's witnesses.
Hearsay and federal confrontation clause may differ.
At trial, witness must be examined face-to-face with parties.
Confrontation right is statutorily mandated.
Defendant's right of confrontation violated when he could not see witnesses as they testified because the court allowed a computer monitor to be positioned so they could testify in his presence without seeing him.
Sixth Amendment right to face-to-face confrontation is not absolute, and alternative procedures may be used where (1) necessary to further an important or compelling state interest, and (2) the reliability of the testimony is otherwise assured.