Reflecting on one very, very strange year at Uber

Re:Reflecting on one very, very strange year at Uber by ggreer on Sunday February 19, 2017 @10:49PM (#13684138)

That's correct. In a case with a surviving victim, the victim is almost certainly going to take the stand. The 6th amendment to the constitution contains the confrontation clause[1] which says, "…in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." If someone strikes or stabs or shoots you, and that person stands trial, you will be on the witness stand and you will be cross-examined.

Public support for the confrontation clause isn't popular these days, but I am very glad the courts have continued to uphold it. To quote Crawford v. Washington[2], "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because the defendant is obviously guilty."

1. https://en.wikipedia.org/wiki/Confrontation_Clause

2. http://federalevidence.com/pdf/2007/13-SCt/Crawford_v._Washi...

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Re:Reflecting on one very, very strange year at Uber by true_religion on Monday February 20, 2017 @08:40AM (#13687077)

> If someone strikes or stabs or shoots you, and that person stands trial, you will be on the witness stand and you will be cross-examined.

Not necessarily. If someone stabs or shoots you in a public place, in full view of 50 other witnesses and 4K recording devices, then your testimony is unnecessary.

That said... in the US most crimes don't go to court so I can't really say what a hypothetical 'open/shut' case will look like in a court trial, because in reality the offender will plea-bargin immediately.

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