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re: Darius Miles
Posted on 4/2/24 at 8:44 am to Robot Santa
Posted on 4/2/24 at 8:44 am to Robot Santa
You have the right to confront your accuser. Is that correct? If thats not what it says in the 6th amendment let's just all go home.
I could careless about Miles. I just dislike to see bullshite when it comes the constitution. It's there now let's find a way around it. We'll it doesn't say this or that let's make an exception to void it. Which is what exceptions do.
What's to keep the prosecution from having someone make a statement then disappear? If it works one way it works the other. You can't say that the defense will do this and say the prosecution won't. The 6th is supposed to protect our rights.
Imo his testimony isn't that damning but it is testimony that Miles defensive attorneys should be allowed to cross examine in front of a jury that is going to deem him guilty or not guilty.
I could careless about Miles. I just dislike to see bullshite when it comes the constitution. It's there now let's find a way around it. We'll it doesn't say this or that let's make an exception to void it. Which is what exceptions do.
What's to keep the prosecution from having someone make a statement then disappear? If it works one way it works the other. You can't say that the defense will do this and say the prosecution won't. The 6th is supposed to protect our rights.
Imo his testimony isn't that damning but it is testimony that Miles defensive attorneys should be allowed to cross examine in front of a jury that is going to deem him guilty or not guilty.
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Posted on 4/2/24 at 9:19 am to BFANLC
quote:
You have the right to confront your accuser. Is that correct?
Yes. And both Miles and Davis got the opportunity to exercise that right when their attorneys were able to question this guy under oath. That's why the transcript of his testimony is considered an exception to the rule against hearsay. The purpose of excluding hearsay from evidence is that it is inherently unreliable because there is no opportunity to question the person who made the statement. The exceptions cover situations where there is no legitimate concern as to the accuracy of the out of court statements, like a preliminary hearing where the witness was under oath and subjected to cross examination.
quote:
What's to keep the prosecution from having someone make a statement then disappear?
Centuries of well settled law? That scenario doesn't even come close to a hearsay exception and there is absolutely no way that statement comes in.
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