#confrontation clause

[laforcelaw]

[thenationallawyer-blog]

Jerry Sandusky and the 6th and 7th Amendments

So, of course the 6th and 7th Amendments are cornerstone civil rights, but I’m not completely on board with this criminal defense atty’s perspective, RE Sandusky.

Biggest point is that Greenfield completely overlooks over some important issues. First, were the Sandusky victims allowed public anonymity? Why on earth would they publicly give their names when the law allows female rape victims to hide theirs? It’s a valid question. Were they not given the opportunity? 

Second, yes, Sandusky is a coward, and a cad. Admittedly, this article came out slightly before the jury verdict was read, but still, Greenfield didn’t even posit is his point arguendo. Sandusky knew he was guilty, but he played the game anyway. If he had any shred of integrity left, he would have just owned up to his foul deeds.

All this said, I do agree with Greenfield that the 6th Amendment confrontation clause has been completely trashed by SCOTUS. Sandusky was certainly entitled to his trial. No question, there. And, he was certainly entitled to face his accusers. Again, a no brainer. Point is, there is a serious problem when alleged sex abuse victims are permitted to avoid confronting the defendant. It’s a double standard as applied to men versus women. And this is what Greenfield totally overlooks.