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This book investigates the theory and practice of the Right to Confrontation, the right of an accused person to examine witnesses against him. The book tackles the crucial question of what values and interests should allow incursions into this fundamental right. A conceptual analysis is developed in order to define the concept of testimonial evidence and to establish three categories of declarants: the absent, anonymous and vulnerable witnesses. U.S. law on the Sixth Amendment of the Federal Constitution and ECHR jurisprudence on Article 6 of the European Convention are discussed in an attempt to develop a supra-national approach to confrontation. The book then moves on to provide a comparative study of the Right to Confrontation, drawing on the rules of criminal procedure and evidence of Italy, France and England and Wales.
About the author
Dr. Stefano Maffei is Professor of Criminal Procedure at the University of Parma (Italy). A registered attorney since 2003, he completed a doctorate in Law at the University of Oxford in 2005 and was a Junior Research Fellow at Linacre College. Dr. Maffei joined the Harvard Law School as a Visiting Researcher in 2002 and was a Fulbright Scholar at Temple Law School in 2011. His publications, research and teachings interests are in the area of Human Rights, criminal evidence and procedure.
