Criminal Defendants Find an Unlikely Friend In Justice Scalia

    

     Justice Antonin Scalia, the Supreme Court's most outspoken and combative conservative, is not often described as friendly to criminals.   But in recent years, Scalia has led an unusual pro-defendant faction at the high court in reversing convictions for murder, drug dealing, wife beating and drunken driving.  The 6th Amendment to the Constitution says the "accused shall enjoy the right . . . to be confronted with the witnesses against him."  To Scalia, this clause not only gives defendants the right to challenge actual witnesses, but also the right to bar testimony from all those "witnesses" who did not or cannot testify in court.  He takes this view even if the witness is dead. 

     This issue arises when a supervisor to a lab technician testifies in court about the lab results obtained by the technician.  Justice Scalia believes the technician must be the witness who testifies, such as in DUI and drug cases, etc. 

     Brought to you courtesy of the Law Offices of Arna H. Zlotnik a criminal defense attorney serving the greater Los Angeles area, including downtown Los Angeles, the San Fernando Valley area, the Westside and the South Bay area.  We are here to help you, criminal defense legal assistance is a phone call or e-mail away. Please contact us today to see that justice will prevail and your constitution rights are protected.