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unusual facts about Confrontation Clause


Confrontation Clause

The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in the eye.



see also

Crawford v. Washington

Justice Scalia gave a thorough history of the Confrontation Clause, explaining how the Clause became part of the Constitution using famous English cases, such as that of Sir Walter Raleigh.

Dying declaration

Opinions such as Giles v. California (2008) discuss the matter (although the statements in Giles were not a dying declaration), but Justice Ginsberg notes in her dissent to Michigan v. Bryant (2011) that the court has not addressed whether the dying declaration exception is valid after the confrontation clause cases.