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Criminal Defense

The Defense of Coercion and Duress

Most everyone, lawyers and laypersons, are familiar with the affirmative defense of self-defense.  The defendant is required to submit enough evidence regarding the defense to justify a judge instructing the jury on the elements of self-defense.   When  a person...

“IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL HAVE THE RIGHT…TO BE CONFRONTED WITH THE WITNESS AGAINST HIM.” Sixth Amendment, United States Constitution

Justice Scalia reinforced an accused’s right to confront his accuser in the landmark case of Crawford v. Washington, 541 U.S. 36 2004. Prior to the Crawford decision, the Courts would allow a witness to testify to hearsay if it had a sufficient indicia of reliability....