Remote Testimony and Related Procedures Impacting a Criminal Defendant's Confrontation Rights

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Since the United States Supreme Court’s decision in Crawford v. Washington, and even more so after its ruling in Melendez-Diaz v. Massachusetts, interest has been growing in the use of remote testimony as a method to satisfy the Confrontation Clause when a witness cannot be present at trial. Almost all recent proposals for implementation of remote testimony have called for remote two-way testimony. This bulletin discusses the viability of such a technique and alternatives to it.

Download (Remote Testimony and Related Procedures Impacting a Criminal Defendant's Confrontation Rights, 297.37 KB)

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Criminal Law and Procedure

Trial Procedure