"THE SIXTH AMENDMENT to the Constitution states that "[iln all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him .... ." This seems simple and absolute, but case law has proven it to be neither; almost every phrase has been dissected and interpreted by courts and commentators. In fact, there may be more law review articles on this subject than there are cases.1 Some of the questions that could be asked are: What is meant by "all criminal prosecutions?" Does this require confrontation in preliminary hearings? Does "shall enjoy the right" give only a privilege that may be waived? Is "to be confronted" synonymous with cross-examination? Are "[t]he witnesses against" any persons whose testimony is utilized by the prosecution at trial or any persons whose testimony might be so used?"
Manthey, Christopher C. and Simonetti, Carol G.
"Sixth Amendment; Right of Confrontation; Unavailalbe Witness; State v. Roberts,"
Akron Law Review: Vol. 12
, Article 7.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol12/iss3/7