What is a defendant's constitutional right to cross-examine a witness in a criminal trial?

California, United States of America

The following excerpt is from People v. Talbott, B262869 (Cal. App. 2016):

A criminal defendant's constitutional right to due process is violated when the state proceeds in a manner that renders a trial fundamentally unfair. (People v. Rivas (2013) 214 Cal.App.4th 1410, 1422.) A criminal defendant's right to call witnesses on

Page 7
his own behalf is essential to due process. (Chambers v. Mississippi (1973) 410 U.S. 284, 302.) But "the right to confront and to cross-examine is not absolute and may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process." (Id. at p. 295.) A criminal defendant's right to call a witness may bow to that witness's privilege against self-incrimination. (Seijas, supra, 36 Cal.4th 291.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

Under what circumstances will a federal criminal defendant be denied his right to exercise his constitutional right to a jury trial? (California, United States of America)

Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)

Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)

What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)

Does a defendant have a right to a fair trial in a criminal trial? (California, United States of America)

Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)

Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)

What is a defendant's constitutional right to cross-examine a witness in a criminal trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources