Use of Prior Testimony in the Declarant’s Presence
Lowe, Benny J.
MetadataShow full item record
Summarizes the United States Supreme Court case California v. Green. In that case, a witness had testified that the defendant Green supplied him with marijuana at a preliminary hearing but denied remembering that fact at trial. The witness’s prior inconsistent statement was used to impeach him and Green appealed on the basis that his sixth amendment confrontation rights were violated. The Court held that the confrontation clause was not violated by the operation of the California hearsay statute. This expressly denied the misconception that the rules of evidence possessed any constitutional sanction. The author welcomes the change that this holding may prompt in the state’s review of their criminal evidence law to improve the fair administration of justice.