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Criminal Procedure • 14th Amendment
CRIMPRO#049
Legal Definition
Under the 6th Amendment, a defendant has the right to confront witnesses against him. There is no violation of this right where (1) preventing such confrontation serves an important public purpose and the reliability of the witness' testimony is otherwise assured; or (2) a defendant relinquishes his right to confront by acting disruptively and prompting his removal from the courtroom.
Plain English Explanation
The Confrontation Clause of the 6th Amendment provides defendants with the right to confront their witnesses. In other words, in order to prevent the government from being able to say, "Trust us, we talked to people, and they totally back us up that the defendant is guilty," which would basically allow the government to convict people with secret—or false—evidence, the Confrontation Clause gives a defendant the chance to hear their accusers in court and cross-examine them.
Note that there are two main exceptions to this right:
(1) The first exception is when denying the defendant their right to confrontation serves an important public purpose and it is clear that the witness' testimony is true and accurate. The most common example of this exception has to do with child victims. Being a witness in a trial can be traumatic. If a child is the victim of a crime, it can be pretty messed up to force them to not only show up in a courtroom and relive their victimization in front of the defendant, but also be subject to critical cross-examination from the defendant's attorney. In these types of situations, a defendant's 6th Amendment rights may justifiably be rejected in order to protect a victim's mental health.
(2) The second type of exception is when a defendant acts too crazy or violent, or both.
Note that there are two main exceptions to this right:
(1) The first exception is when denying the defendant their right to confrontation serves an important public purpose and it is clear that the witness' testimony is true and accurate. The most common example of this exception has to do with child victims. Being a witness in a trial can be traumatic. If a child is the victim of a crime, it can be pretty messed up to force them to not only show up in a courtroom and relive their victimization in front of the defendant, but also be subject to critical cross-examination from the defendant's attorney. In these types of situations, a defendant's 6th Amendment rights may justifiably be rejected in order to protect a victim's mental health.
(2) The second type of exception is when a defendant acts too crazy or violent, or both.
Hypothetical
Hypo 1: Bob is being tried for attempted murder. During the trial, his victim is brought in as a witness. Bob flips out, tries to leap over his table, and rushes towards the victim. Bob is tackled and carried out of the courtroom. With Bob now held in another room, the trial continues without him present. Result: Bob is technically being deprived of his right to confront the witness, but he relinquished that right by being disruptive, causing his removal from the courtroom.
