Sunday, January 13, 2008

How Can You Confront a Dead Witness?

The Constitution, given its simplicity, creates dilemmas. The freedoms it establishes for the public can also make it more difficult for government to ensure justice. A constitutional government is designed to do both. Supreme Court cases often involve determining how this can be done in a particular case.

In the case of Giles v. California, the Supreme Court will have to determine whether the 6th Amendment right of for defendants to confront witnesses is waived if the defendant killed the witness who may have left some information that accuses the defendant of a crime. This is called forfeiture by wrongdoing.