In a ruling expected to aid domestic violence prosecutions, the California Supreme Court broadened an exception to the confrontation clause of the Sixth Amendment, stating that the defendant forfeits the constitutional right to confrontation even when the alleged witness tampering is the same as the offense the defendant is on trial for -- in this case, killing the witness. More importantly, the exception applies regardless of whether the defendant actually intended to silence the witnesses.
March 07, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a ruling expected to aid domestic violence prosecutions, the California Supreme Court broadened an exception to the confrontation clause of the Sixth Amendment.
Defendants have always forfeited the right to cross-examine witnesses in cases where the defendant made a witness unable to testify in court, as in organized crime cases. Known as “forfeiture by wrongdoing,” the exception has given prosecutors a backdoor for bringing in out-of-court testimony.
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