Legal Question in Constitutional Law in Wisconsin

The right to know who my accuser(s) are?

I have been accused of child abuse to my own son (he lives with me full time), the CPA sent me a letter telling me they could find no fault. I sent them one back asking who my accuser(s) are, they told me they couldn't tell me. Isn't it my constitutional right to know who my accuser(s) are? or do I just not trust anyone I or my son know?

Thanks for any feedback!

Scott


Asked on 1/03/06, 9:01 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: The right to know who my accuser(s) are?

The constitution says that defendants in criminal trials have the right to confront the witnesses whose testimony is offered against them. Because you have not been put on trial, you do not have this right.

Note too that the defendant at a criminal trial will not necessarily get to confront the person who initially accused him. Often that person's testimony is not necessary to prove the prosecution's case. The defendant can try to learn the accuser's identity and call him as a witness, but then the accuser is testifying for the defendant rather than for the prosecutor.

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Answered on 1/04/06, 7:07 pm


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