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defendant was indited by grand jury, so does the defendant still have the right to face there accuser when going to trial?

2007-01-02 21:41:51 · 5 answers · asked by twoflyinhi 1 in Politics & Government Law & Ethics

5 answers

The use of confidential informants in grand jury proceedings is very different than the use of a confidential informant at trial.

A confidential informant can, and often is, used as the basis for an arrest warrant, a search warrant, and in some cases, a grand jury indictment. However, the procedure at trial is different. The right to confront witnesses against them generally only applies at trial.

The introduction of a confidential witness at trial is generally avoided. In the rare instances where a witness's identity can't be disclosed, some courts have held that its possible for the witness to testify behind a screen. However, generally this violates the right of confrontation. The question then arises: is the purpose of the right of confrontation the intimidation of the witness, or the right of the accused to have the Jury (or trier of fact) be able to see the witness and evaluate their demeanor? A number of papers and law review articles have been written on this topic, and the topic is too broad to explore fully here.

I hope this helps. For more specific information on a particular case, consult an attorney licensed to practice in your jurisdiction. For a referral, contact your local or state bar association.

2007-01-03 05:47:43 · answer #1 · answered by Phil R 5 · 0 0

The jurisdiction the defendant is being prosecuted by is the accuser, not a CI. And no, they don't have to testify, hence the name "confidential informant".

2007-01-02 22:17:57 · answer #2 · answered by Anonymous · 0 0

Only if the CI will testify in court. That will be up to the prosecution.

2007-01-02 22:30:23 · answer #3 · answered by Bostonian In MO 7 · 0 0

are statements from ci emissable at trial

2015-08-31 04:28:22 · answer #4 · answered by James 1 · 0 0

no and its wrong!

2007-01-02 22:19:22 · answer #5 · answered by paulisfree2004 6 · 0 0

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