RIGHT OF CONFRONTATION

Category: Criminal Procedure

WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION?

>     It means that the accused can only be tried using those witnesses that meet him face to face at the trial who give testimony in his  presence, and who may be subject to cross-examination
 

WHAT ARE THE REASONS FOR THE RIGHT?

>     The  right  to  confrontation  is  afforded  the  accused  to  allow  the court to observe the demeanor of the witness while testifying and to give the accused the opportunity to cross-examine the witness in order to test their recollection and credibility
 

CAN THE RIGHT OF CONFRONTATION BE WAIVED?

>     Yes, it can be waived either expressly or impliedly
>     It  is  waived  impliedly  when  an  accused  waives  his  right  to  be present at trial
>     It is waived also by conducting amounting to a renunciation of the right to cross-examine
>     When the party was given an  opportunity to confront and  cross-examine an opposing witness but failed to take advantage of it for reasons  attributable  to  the  party  alone,  he  is  deemed  to  have
waived his right
 

WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR BECOMES UNAVAILABLE?            

>     If  the  other  party  had  the  opportunity  to  cross-examine  the witness before he died or became unavailable, the testimony may be used as evidence
>     However, if the other party did not have the opportunity to cross-examine  before  the  subsequent  death  or  unavailability  of  the witness, the testimony will have no probative value.
>     What  suffices  to  be  able  to  use  the  testimony  of  a  witness  as evidence is the opportunity to cross-examine and there need not be an actual cross-examination