Comments on: Face-to-ski mask: a defendant’s right to confront his cat burglar http://apublicdefender.com/2009/11/23/face-to-ski-mask-a-defendants-right-to-confront-his-cat-burglar/ Tue, 24 Jan 2012 02:29:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Gideon http://apublicdefender.com/2009/11/23/face-to-ski-mask-a-defendants-right-to-confront-his-cat-burglar/comment-page-1/#comment-52177 Gideon Tue, 24 Nov 2009 02:09:09 +0000 http://apublicdefender.com/?p=2490#comment-52177 Isn't it delicious? I wish he were this sane in other areas of criminal law. Isn’t it delicious? I wish he were this sane in other areas of criminal law.

]]> By: Mark Bennett http://apublicdefender.com/2009/11/23/face-to-ski-mask-a-defendants-right-to-confront-his-cat-burglar/comment-page-1/#comment-52171 Mark Bennett Mon, 23 Nov 2009 14:50:08 +0000 http://apublicdefender.com/?p=2490#comment-52171 Thanks for the pointer to the Scalia dissent. <quote>To say that a defendant loses his right to confront a witness when that would cause the witness not to testify is rather like saying that the defendant loses his right to counsel when counsel would save him, or his right to subpoena witnesses when they would exculpate him, or his right not to give testimony against himself when that would prove him guilty.</quote> Thanks for the pointer to the Scalia dissent.

To say that a defendant loses his right to confront a witness when that would cause the witness not to testify is rather like saying that the defendant loses his right to counsel when counsel would save him, or his right to subpoena witnesses when they would exculpate him, or his right not to give testimony against himself when that would prove him guilty.

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