Constitutional Right to Confront Witnesses
There is a Constitutional Right to Confront Witnesses Against You in Criminal Cases
Court’s Are Chipping Away at Our Constitutional Rights
In the case of Ohio v Clark, decided in June 2015, the United States Supreme Court decided that the hearsay testimony of a 3-year-old identifying Clark as the person who caused his injuries was admissible in Mr. Clark’s trial. The state court’s decision that the hearsay testimony violated Clark’s constitutional right to confront witnesses against him. The United States Supreme Court reversed the state court, deciding that statements made to non-law enforcement people, such as teachers, did not carry the same concerns under the Confrontation Clause analysis and were generally not likely to be considered testimonial due to the informality of the situation. The Court also stated that the primary purpose of the questioning by the teacher was not testimonial, but to deal with a potential emergency and to protect the child.
A Great Michigan Criminal Defense Attorney Will Help Protect You Against Abuses of Your Constitutional Rights.
The constitution contains the framework for the laws and operation of the United States. The United States Supreme Court is tasked with interpreting the constitution as it relates to a particular set of circumstances. In a criminal case, the right to confront witnesses against you is paramount. A person must be able to question that person and test their credibility through testimony and cross-examination. It is tempting to think that putting a 3-year-old through that process is unfair. However, courts have come up with ways to make that process less stressful for a child, while still protecting constitutional rights. The decision in Ohio v Clark is a bad one. Because courts will not twist themselves in a knot to protect your rights, you want the best criminal defense lawyer you can get to protect and defend you in court.
The premier Michigan Criminal Defense Law Firm to Protect You and Your Constitutional Rights.
The Michigan criminal defense attorneys of LEWIS & DICKSTEIN, P.L.L.C. are part of one of the few law firms that specialize in only defending people charged with criminal offenses. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are laser-focused and passionate about protecting people facing criminal charges. Its attorneys are the ones you want standing next to you in a courtroom when your freedom is at stake. The firm takes great pride in its record of success and protecting our client’s right to confront witnesses. Prosecutors do not want to see an attorney from LEWIS & DICKSTEIN, P.L.L.C. on the other side of a case because that means that it will not be easy for them. Our attorneys come prepared and come to win.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.