"In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him . . . ." U.S. Const. amend. VI; N.J. Const. art. I, ¶ 10. The right of the accused to cross-examine derives from the Confrontation Clause. Bruton v. United States, 391 U.S. 123 (1968). The Anglo-American tradition relishes live in-court testimony "by testing in the crucible of cross-examination." Crawford v. Washington, 541 U.S. 36 (2004). Only by cross-examination can a defendant expose falsehood and bring out the truth in a criminal trial. Pointer v. Texas, 380 U.S. 400 (1965).
In a criminal trial, when it comes down to it, cross-examination is all the defendant really has. It is the one thing standing between the truth and the government's case in chief. This hallmark of great trial lawyers alerts the jury to holes the government might want to conceal.
But this right has limitations. The issue in the following case is whether the Confrontation Clause allows cross-examination to get into an adverse witness' criminal history. The Appellate Division held in this case that it does not. This was because the adverse witness was fully cross-examined in front of the jury about inconsistent statements, and his testimony was corroborated by evidence linking the defendant to the crime.
State v. Raafiq Leonard (App. Div. 2009).
Showing posts with label Sixth Amendment. Show all posts
Showing posts with label Sixth Amendment. Show all posts
Deportation: A penal or collateral consequence?
In this article the issue before the Court is whether the Sixth Amendment requires a lawyer to advise clients of the deportation consequences of a guilty plea. The Court has not rendered a decision yet, so right now it is only as a collateral consequence. Therefore there is no Sixth Amendment duty to give this advice. The Court may change directions.
Practically speaking, the New Jersey Plea Form covers this point in Question 17. The client reviews this form with his lawyer, signs it before entering the guilty plea, and the judge admits this evidence during plea hearings. So in New Jersey it seems that unless a lawyer completely skips this question, it should be less of a concern.
Gang Violence and Criminal Law
This case involves the VICAR statute and addresses:
- voir dire as related to Fifth Amendment due process and Sixth Amendment impartial jury rights,
- proof of guilt beyond a reasonable doubt,
- federal rules of evidence 401 and 403, and
- sentencing.
Tender Years Hearsay Exception and Confrontation Clause
A child's statements to her mother as to a sexual assault fell within the tender years hearsay exception and did not violate the right of confrontation. State v. Coder.
Right to Counsel
The Sixth Amendment Right to Counsel does not apply between indictments. State v. Issac Lenin
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