Defendant’s Sixth Amendment Right to Cross-Examination Not Violated When Confidential Informant Testifies Wearing a Wig and Sunglasses
The Sixth Amendment of the U.S. Constitution grants a criminal defendant the right “to be confronted with the witnesses against him.” This right includes the right to physically face those who testify against him or her to ensure the witness gives his statement in front of a jury. The jury may then evaluate the witness’ demeanor, the tone of his voice, the pauses in his testimony, etc., to determine that witness’ credibility.
The demeanor includes the witness’ emotions and facial expressions, such as smiling or crying. This can help the jury determine if the testimony is trustworthy.
Jorge de Jesus-Casteneda was convicted of possession with intent to distribute methamphetamine (21 U.S.C.
