Any person who is charged with a crime and must take part in a trial faces several obstacles. One of the largest obstacles includes the testimony of witnesses who allege to have seen the person commit the crime in question. These witnesses have the significant potential to severely harm individuals. An important part of the United States Constitution is called the Confrontation Clause, which states that a person has the right to confront witnesses who attempt to testify against that person face-to-face.

Understanding Testimonial Statements

To fall under the confrontation clause, statements provided by witnesses must be considered to be testimonial. A statement will be considered to be testimonial if the primary purpose of the interrogation is to establish or prove events that are relevant to the criminal prosecution. Statements provided to help law enforcement respond to a current emergency, however, are not testimonial. Information provided during an ongoing emergency will be used to determine what is occurring at the moment and be used to provide aid rather than document a crime that has occurred.

The Importance of the Confrontation Clause

The Confrontation Clause helps to protect individuals against information that might be provided by unfair witnesses. Witnesses in accordance with the Confrontation Clause are required to testify in person under oath rather than simply through writing. Instead, the Confrontation Clause compels witnesses to testify in person under oath and allows the opposing legal counsel to cross-examine the person.

The goal of the Confrontation Clause is to make sure that the jury in a trial has the opportunity to test the reliability of a witness. This tool serves a particularly benefit to individuals who are charged with a crime because this direct confrontation allows individuals the opportunity to use this face-to-face requirement. As a result of this confrontation, a person is often able to show any exaggerations or inconsistencies in a witness’s testimony.

There are some other unique considerations about the confrontation clause include that a court might limit the scope of question that can be asked on cross-examination to prevent inappropriate questions or harassment.

Exceptions to the Confrontation Clause

There are some limited and unique exceptions to the confrontation clause. One of these exceptions is testimonial hearsay. In these situations, an unavailable witness must have already testified against a person and already been subject to cross examination. This exception, however, does not apply to nontestimonial hearsay. The Confrontation Clause also might not apply if the person who made the original statement is unavailable and cannot be located.

Discuss Your Case with a Talented Criminal Defense Attorney

The Confrontation Clause plays a remarkably important role in many trials. Only skilled attorneys, however, are familiar about the exact details of this constitutional right. If you are charged with a crime, contact the legal team at Shein and Brandenburg. Our attorneys understand the unique challenges faced by individuals and will fight to make sure that your case has the strongest legal representation possible.