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General introduction to the confrontation clause:

  1. The Sixth Amendment to the Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him….” U.S. Const. amend. VI.
  2. The protections of the Sixth Amendment’s Confrontation Clause apply in prosecutions of members of the armed forcesUnited States v. Jacoby , 29 C.M.R. 244, 246-247 (C.M.A. 1960) (Overruling United States v. Sutton , 11 C.M.R.220 (C.M.A. 1953) and United States v. Parrish , 22 C.M.R. 127 (C.M.A. 1956)
  • Organization of Outline
    1. Part II discusses satisfying the Confrontation Clause through witness production, waiver, and forfeiture by wrongdoing.
    2. Parts III and IV discuss two broad categories of Confrontation Clause cases. discusses the law involving or by a court on the scope of cross-examination.discusses the law involving the and reflecting the right to a witness at trial. [Note: the classification of cases in Part IV is modeled in part on the organizing principles of the National District Attorney Association’s “ Crawford Outline.”]
    3. Part V discusses the appellate review issues for Confrontation Clause cases.
    4. Part VI is a Confrontation Clause analysis chart.

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