An Accused Has a Federal Constitutional Right Under the Sixth

Multiple Choice

An accused has a federal constitutional right under the Sixth Amendment to confront and cross-examine the witnesses who testify against the accused at a criminal trial. When the defendant's criminal act proves to be the reason a particular witness cannot be present to testify against the accused and hearsay evidence from the witness is sought to be introduced:

A) a defendant may always assert his or her rights under the Sixth Amendment and prevent that witness's hearsay evidence from being used against that defendant.
B) a defendant can prevent the hearsay evidence from being introduced in court because the out-of-court witness was not under oath at the time of the statement.
C) the evidence is always admissible against a defendant as long as there were several witnesses to corroborate what the witness said out of court.
D) the defendant may not be able to successfully exclude the hearsay evidence because the defendant, by his or her act of injuring or killing the witness, has caused the unavailability of the witness and has forfeited the right to complain about the alleged Sixth Amendment violation.