Movatterモバイル変換

[0]ホーム
URL:

Skip to main content
Share:
Permalink
Using these links will ensure access to this page indefinitely

Virtual Confrontation: Is Videoconference Testimony by an Unavailable Witness Constitutional?

34 PagesPosted: 24 Aug 2008Last revised: 19 Mar 2024

See all articles by Matthew Tokson

Matthew Tokson

University of Utah - S.J. Quinney College of Law

Date Written: June 11, 2007

Abstract

Because United States courts have no subpoena power over foreign witnesses, securing their in-person testimony in criminal cases presents serious difficulties for prosecutors. Video conferencing technology may offer a creative solution to this problem. However, defendants often challenge video testimony on constitutional grounds, arguing that its use in court violates their Sixth Amendment right to confront the witnesses testifying against them. Courts have split over the constitutional status of video testimony, and its legality remains uncertain. This Comment resolves the split by examining the history, purpose, and jurisprudence of the Confrontation Clause and identifying the constitutional standards that courts should apply to video testimony. Analyzing foreign and domestic deposition procedures, the Comment identifies numerous situations where video testimony serves an important public policy and is constitutionally permissible.

Keywords: Confrontation, Confrontation Clause, Sixth Amendment, Video, Videoconference, Testimony

Suggested Citation:Suggested Citation

Tokson, Matthew J., Virtual Confrontation: Is Videoconference Testimony by an Unavailable Witness Constitutional? (June 11, 2007). 74 U. Chi. L. Rev. 1581 (2007) , Available at SSRN:https://ssrn.com/abstract=1249646

Matthew J. Tokson (Contact Author)

University of Utah - S.J. Quinney College of Law

University of Utah - S.J. Quinney College of Law (email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

HOME PAGE:http://https://faculty.utah.edu/u6012359-Matthew_Tokson/biography/index.hml

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
399
Abstract Views
6,116
Rank
156,451
PlumX Metrics

Related eJournals

  • U.S. Constitutional Law: Rights & Liberties eJournal

    U.S. Constitutional Law: Rights & Liberties eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    2,083
    PAPERS
    16,611
    This Journal is curated by:
    Matthew D. Adler at Duke University School of Law,Brian Bix at University of Minnesota Law School

  • Criminal Procedure eJournal

    Criminal Procedure eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    1,268
    PAPERS
    9,735
    This Journal is curated by:
    Paul H. Robinson at University of Pennsylvania Carey Law School

  • Law & Society: Public Law - Constitutional Law eJournal

    Law & Society: Public Law - Constitutional Law eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    970
    PAPERS
    26,160
    This Journal is curated by:
    Steve Sanders at Indiana University Maurer School of Law

  • Philosophy of Law eJournal

    Philosophy of Law eJournal

    Subscribe to this free journal for more curated articles on this topic

    FOLLOWERS
    746
    PAPERS
    13,980

  • Evidence & Evidentiary Procedure eJournal

    Evidence & Evidentiary Procedure eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    633
    PAPERS
    5,133
    This Journal is curated by:
    Chris William Sanchirico at University of Pennsylvania Carey Law School

  • Political Institutions: Constitutions eJournal

    Political Institutions: Constitutions eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    413
    PAPERS
    7,874
    This Journal is curated by:
    Barry R. Weingast at Stanford University, Department of Political Science

  • Innovation Law & Policy eJournal

    Innovation Law & Policy eJournal

    Subscribe to this fee journal for more curated articles on this topic

    FOLLOWERS
    250
    PAPERS
    30,715
Feedback
Feedback to SSRN
[8]ページ先頭
©2009-2025 Movatter.jp