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Your Right to Confront Witnesses in Court

Your Right to Confront Witnesses in Court

When facing criminal charges, you have the right to confront the witnesses testifying against you. The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”. In practice, this means that tape recordings and written statements are no substitute for questioning witnesses in court. The pivotal case of Crawford v. Washington, 541 U.S. 36 (2004), illustrates why the Confrontation Clause in the Sixth Amendment is so important for criminal defendants. In the case, a criminal defendant’s wife gave a statement to the police that was tape-recorded. The wife refused...

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Lying Under Oath and DUI Defendants

Lying Under Oath and DUI Defendants

Perjury, or lying under oath, is a crime in Oklahoma and the rest of the United States. The strongest defense to perjury is that the statement made was actually the truth. Oklahoma defines perjury as follows: “Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true...

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