Accuser/Witness? In court, "live" or stmt. read aloud?
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Earlier post by
@Sundog
"A defendant has the right to face his/her accuser." Yes.
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Another poster (sorry, forgot who, skimmed back but could not find) said ~ Prosecutor could have someone read aloud in court Dylan's stmt made to LE.
Is DM an accuser though? She's a witness, not the plaintiff...
^ snipped for focus^
@eloquence
In crim prosecutions in the US, "the accused shall have the right to... to be confronted with the witnesses against him..."*
A key purpose of the right to confrontation is to give criminal defendants an opportunity to cross-examine the witnesses against him.
Just general & oversimplified:
Say, prosecution calls Dylan M as a WITNESS to ask what she saw that a.m., she says man w. bushy eyebrows, mask, etc.
In cross examination, def atty can ask her:
--- was she wearing her Rx glasses/no glasses.
--- what lights were in room/hall where she saw him.
--- her condition (alcohol, drugs, Rx or recreational, etc).
But if Prosecutor has someone in court READ ALOUD her "STATEMENT" (man w eyebrows, mask, etc.) made to LE, and written down by LEO, defendant is being denied his 6th A. Rt., the right to CONFRONT the witness at trial, to ask questions ^ above that bear on her credibility re eyebrows, mask, etc.
And even when LE makes audio/video RECORDING that could be played in court, def. is still unable to confront witness.
Under some circumstances, depending on the specifics, a person's stmt. can be read aloud ---or an audio-video recording may be played--- and admitted in evidence in court, but imo not in this instance. Imo in this situation, it would be hearsay, and imo no exception to the hearsay rule would apply.
As always, welcoming clarification or correction, esp’ly from our legal professionals.
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*"Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."