Explain the exceptions to the defendant's right to live testimony
What will be an ideal response?
In Mattox v. United States, 156 U.S. 237 (1895), that the defendant's right to live testimony is "subject to exceptions, recognized long before the adoption of the Constitution." There are three key situations in which witness testimony may be admitted at trial without the physical appearance of the witness. First, if the witness, also known as the declarant, is unavailable because he or she is dead, then an exception will be made. Similar exceptions are made when a witness is unavailable for other reasons, such as being in the hospital. Finally, a witness may not be required to give live testimony if his or her statements fall under one of the established hearsay exceptions, permitting introduction of those statements by a third party.
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