by Rachel Chiu
April 24, 2026 - According to the Sixth Amendment, “in all criminal prosecutions, the accused shall enjoy the right to… be confronted with the witnesses against him.” Known as the Confrontation Clause, these words embody a centuries-old common law tradition: criminal defendants should have the opportunity to test witness testimony through cross-examination. Without this trial right, a defendant could lose his or her case based on out-of-court statements wholly insulated from review. Current case law has weakened the right to confront witnesses, depriving defendants of a meaningful opportunity to ask questions and expose errors.















