Appellate Practice,
Criminal,
Law Practice
May 11, 2022
Let’s Face It
The right to face-to-face confrontation is viewed as a second-tier Confrontation Clause right. Although it furthers “‘the core of the values furthered by the . . . Clause,’” the U.S. Supreme Court has held that it is “not the sine qua non of the confrontation clause right.”
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
The Sixth Amendment’s Confrontation Clause has been construed to embody two distinct but interrelated rights of an accused: the right to cross-examine the “witnesses against him” and the right to confront witnesses face-to-face. Since Crawford v. Washington, 541 U.S. 36 (2004), made a big splash redefining the cross-examination right 18 years ago, scant attention has been given to defining the contours of the right to face-to-face confrontation. That changed in the la...
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