The Sixth Amendment guarantees the defendants the right to confront witnesses who offer evidence against him. It includes the right to be present at the trial to hear the evidence tendered by the prosecution against him. This would enable the defendant to prepare his defense. This also covers the right of the defendant to cross-examine the prosecution witness to test his credibility or reliability. Cross-examination is also designed to expose any underlying motive of the prosecution witness to distort the truth or fabricate statements.
In special cases reasonable restrictions might be put on the right to cross-examination. For example, the court will not allow the alleged rape victim to be cross-examined on her sexual history because that is not only derogatory but also has no nexus with the offence alleged under trial.
Moreover, the court might not allow the defendant to confront a child witness who might get traumatized in his presence.
When in exceptional cases hearsay statements made out of court by a declarant is admitted into evidence through another person or witness who heard the same, the defendant does not get the chance to confront or cross examine the said out of court decalarant.
As an exception to the norm, certain hearsay statements, made in circumstances deemed to be reliable, are admissible in evidence such as official records, dying declarations and excited utterances. Dying declarations are relied as sacrosanct since it is believed that anybody on the verge of death would not distort the truth. Similarly excited utterances when made on the spur of the moment without any pre mediation are considered as sacrosanct. Government, corporate or business records kept in the usual course of official business are considered reliable.
