WHAT IS THE MEANING OF THE RIGHT OF CONFRONTATION?
> It means that the accused can only be tried using those witnesses that meet him face to face at the trial who give testimony in his presence, and who may be subject to cross-examination
WHAT ARE THE REASONS FOR THE RIGHT?
> The right to confrontation is afforded the accused to allow the court to observe the demeanor of the witness while testifying and to give the accused the opportunity to cross-examine the witness in order to test their recollection and credibility
CAN THE RIGHT OF CONFRONTATION BE WAIVED?
> Yes, it can be waived either expressly or impliedly
> It is waived impliedly when an accused waives his right to be present at trial
> It is waived also by conducting amounting to a renunciation of the right to cross-examine
> When the party was given an opportunity to confront and cross-examine an opposing witness but failed to take advantage of it for reasons attributable to the party alone, he is deemed to have
waived his right
WHAT HAPPENS TO THE TESTIMONY OF A WITNESS WHO DIES OR BECOMES UNAVAILABLE?
> If the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence
> However, if the other party did not have the opportunity to cross-examine before the subsequent death or unavailability of the witness, the testimony will have no probative value.
> What suffices to be able to use the testimony of a witness as evidence is the opportunity to cross-examine and there need not be an actual cross-examination