Carolyn Kendall Examines Protecting Clients' Rights to Confront Witnesses in the COVID-19 Era for PACDL's For the Defense
In the September 2020 issue of For the Defense, the official publication of the Pennsylvania Association of Criminal Defense Lawyers (PACDL), Carolyn H. Kendall examines the careful balance judges and court administrators must strike between ensuring that judicial proceedings protect the rights of the accused with the risk of infection from COVID-19.
In the article, "Confronting the New Reality: Protecting Your Client's Right to Confront Witnesses During the COVID-19 Era," Ms. Kendall notes:
"Jurisdictions are trying different approaches to address these challenges, but most require compliance with federal Centers for Disease Control and Prevention (CDC) and state directives. While these public safety measures may work well for civil hearings and trials, they pose serious constitutional concerns for criminal proceedings, such as jury trials, which implicate the defendant's state and federal constitutional rights to confront witnesses."