Legal Question in Criminal Law in California
a jury trail
Dose the defendant have the right to face his accuser in a jury trial
1 Answer from Attorneys
Re: a jury trail
The defendant has the right to confront witnesses whose testimony is used against him at trial.
If by "accuser" you mean the person who reported his alleged crime to the authorities, then the answer is "not necessarily". That person's testimony may not be needed at the trial if there is enough evidence from other sources to prove the defendant's alleged crimes. The defendant can subpoena that person even if the prosecution doesn't. If the accusation came from a confidential informant, the defendant can seek an order disclosing his or her identity. Such motions are not always granted; the rules by which they are decided are too complex to include in this response.
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