The confrontation clause in the Sixth Amendment of the US Constitution allows anyone accused of a crime to confront their accusers and cross-examine them. It ensures that secret or unnamed witnesses cannot testify against a person, and covers hearsay evidence as well. Legal representation can also confront witnesses and examine evidence.
The confrontation clause is an aspect of the Sixth Amendment to the United States Constitution that states the right of anyone accused of a crime to confront all of his accusers. This has often been seen as a specific way to allow someone to see people testifying against them and ensure cross-examination of anyone who testifies in these types of cases. In some cases where hearsay evidence is introduced, the confrontation clause is still supported, and such evidence generally cannot be introduced without the person alleging it testifying in court.
As part of the Bill of Rights – the first ten amendments to the US Constitution – the confrontation clause is an important aspect of US law. Stemming from legal traditions with roots in English common law and common practices during the Roman Empire, this clause exists to ensure that “secret” or “unnamed” witnesses cannot testify against a person. In general, the confrontation clause exists to make sure that a person who accuses someone else of a crime will usually, in some way, directly confront the defendant.
The confrontation clause is specifically stipulated by wording within the Sixth Amendment, which states that anyone charged with a felony “…shall be confronted with witnesses against him (or her).” While this only indicates that the defendant will be allowed to confront any accuser, it has been expanded to include evidence against the defendant and confrontation by legal representation for the defendant. Not only can someone confront anyone who witnesses against him or her for a crime, but he or she can also have legal counsel confront the person and examine evidence or testimony against the defendant.
This element of the comparison clause has also been specified to cover hearsay evidence as well. For such evidence to be admissible, even if deemed relevant and reliable by the presiding judge, it must be introduced in such a way as to allow the defendant to confront the person who gave such testimony. Therefore, if hearsay witness evidence is brought against someone charged with a crime, it must be presented in court or other place where cross-examination is possible. This means that if someone will not be available to appear in court to testify then they must still be given in accordance with the confrontation clause and the defendant and legal representative must be present to contest the testimony given.
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