The Confrontation Clause Self-Quiz
Frank is on
trial for murdering his wife. Frank’s brother, Jesse, is one of
the primary witnesses for the prosecution, and is expected to testify
that he saw Frank enter their parents house on the night of the murder
carrying a bloody knife. Jesse is bigger and stronger than Frank and is
not afraid of him, but there is bad blood between them and he refuses
to be in the same room as Frank – including the courtroom. Should
the judge order Frank out of the court so that Jesse will testify?
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Frank’s
elderly mother is also scheduled to testify against him. She is expected
to testify that earlier in the week he had requested to borrow a “strong,
solid knife that won’t break too easy.” She is frail and truly
frightened of her elder son’s violent outbreaks. In fact, he has
been arrested in the past for domestic abuse for beating up his mother
on several occasions. Like Jesse, she refuses to be in the same room as
Frank. Should the judge accommodate her fears and arrange for her to testify
outside of Frank’s presence?
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Finally Frank’s
father takes the stand. Frank has always hated his father and wants to
question him personally, hoping to pose some rather embarrassing questions.
Does he have the right to directly question an adverse witness?
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Mr. Marsh
is testifying at a trial as an expert witness for the prosecution.
His testimony concerns the meaning of blood-splatter at a crime scene
and what that tells us about the attacker's height, weight and position
in relation to the victim. On cross-examination the defense attorney
asks Mr. Marsh the following question: “Were you ever caught
cheating in college?”
Should the judge permit the question?
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Cartman is
arrested for stealing some punch and pie from a neighbor’s house.
During the trial Cartman regularly shows up dressed as a female prostitute.
He jumps up and down on the table screaming “Whatever. Ah do what
ah want!” The judge asks him repeatedly to be quiet and show appropriate
respect in the courtroom. When Cartman refuses the judge has him handcuffed
to a chair, gagged, and placed in the hallway so that he cannot make faces
at anyone. Cartman claims this violates his rights under the Confrontation
Clause, as he cannot see the witnesses testifying against him. Is he right?
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