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The [[U.S. Supreme Court]] has applied this to statements made by other witnesses to the police. ''[[Crawford v. Washington]]'', 541 U.S. 36, 38 (2004).
The [[U.S. Supreme Court]] has applied this to statements made by other witnesses to the police. ''[[Crawford v. Washington]]'', 541 U.S. 36, 38 (2004).
[[category:United States Supreme Court Cases]]
Some have described the Confrontation Clause as simply a form of the rule against the admissibility of [[hearsay]] as evidence. But as [[U.S. Supreme Court]] Justice [[John Harlan II]] cautioned:<ref>''Dutton v. Evans'', 400 U.S. 74, 97 n.4 (Harlan, J., concurring) (emphasis added).</ref>
[[category:United States Constitution]]
[[category:Sixth Amendment]]
:Reliance on the Due Process Clauses would also have the virtue of subjecting rules of evidence to constitutional scrutiny in civil and criminal trials alike. It is exceedingly rare for the common law to make admissibility of evidence turn on whether the proceeding is civil or criminal in nature. See 1 Wigmore, supra, § 4, at 16-17. This feature of our jurisprudence is a further indication that the '''Confrontation Clause, which applies only to criminal prosecutions''', was never intended as a constitutional standard for testing rules of evidence.
Due process requires confidential information that is potentially exculpatory to be submitted to the trial court for an in camera review. A federal court held that the Confrontation Clause does not give the defendant the right to access confidential records simply to aid in cross-examination: "[T]he Confrontation Clause only guarantees 'an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.'" Id. at 53 (quoting Delaware v. Fensterer, 474 U.S. 15, 20, 106 S. Ct. 292, 88 L. Ed. 2d 15 (1985)).
== References ==
<references/>
[[Category:United States Supreme Court Cases]]
[[Category:United States Constitution]]
[[Category:Sixth Amendment]]