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Safeguarding the Opportunity for Effective Cross-Examination: The Confrontation Clause and Pretrial Disclosures
American Criminal Law Review  (IF3.455),  Pub Date : 2021-03-01, DOI:
Erin O'Neill

The Sixth Amendment’s Confrontation Clause provides criminal defendants “an opportunity for effective cross-examination” at trial. Defendants—usually through their attorneys—must be able to question adverse witnesses in person. But the mere opportunity to ask questions might not be sufficient for the defendant to ascertain favorable information from the witness or discredit the witness. And other criminal-procedure doctrines like the rule of Brady v. Maryland may not provide the defendant with all the beneficial information he needs from a witness to make his case to the jury.