context: William Blackstone long ago recognized this virtue of the right to confrontation, stressing that through live testimony, "and this [procedure] only, the persons who are to decide upon the evidence have an opportunity of observing the quality, age, education, understanding, behavior, and inclinations of the witness." 3 William Blackstone, Commentaries on the Laws of England 373-74 (1768). Transcripts of a witness's prior testimony, even when subject to prior cross-examination, do not offer any such advantage, because "all persons must appear alike, when their [testimony] is reduced to writing." Id. at 374. As the National Association of Criminal Defense Lawyers ("NACDL") amicus brief highlights, the superiority of live testimony as contrasted with a transcript of prior testimony has been equally praised in our own judicial system since its inception.
citation_a.signal: no signal
citation_a.identifier: 156 U.S. 237, 242-43
citation_a.parenthetical: "The primary object of the constitutional provision in question was to prevent depo sitions ... being used against the prisoner in lieu of a personal examination and cross-examination of the witness, in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief."
citation_a.sentence: -S'ee, e.g., Mattox v. United States, 156 U.S. 237, 242-43, 15 S.Ct. 337, 39 L.Ed. 409 (1895) (“The primary object of the constitutional provision in question was to prevent depo sitions ... being used against the prisoner in lieu of a personal examination and cross-examination of the witness, in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.”); see also NLRB v. Universal Camera Corp., 190 F.2d 429, 430 (2d Cir.1951) (“[TJhat part of the evidence which the printed words do not preserve .... is the most telling part, for on the issue of veracity the bearing and delivery of a witness will usually be the dominating factors.... ”); Broad. Music, Inc. v. Havana Madrid Rest. Corp., 175 F.2d 77, 80 (2d Cir.1949) (“The liar’s story may seem uncontradicted to one who merely reads it, yet it may be contradicted ... by his manner ... which cold print does not preserve.”) (internal quotations omitted).
citation_b.signal: see also
citation_b.identifier: 175 F.2d 77, 80
citation_b.parenthetical: "The liar's story may seem uncontradicted to one who merely reads it, yet it may be contradicted ... by his manner ... which cold print does not preserve."
citation_b.sentence: -S'ee, e.g., Mattox v. United States, 156 U.S. 237, 242-43, 15 S.Ct. 337, 39 L.Ed. 409 (1895) (“The primary object of the constitutional provision in question was to prevent depo sitions ... being used against the prisoner in lieu of a personal examination and cross-examination of the witness, in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.”); see also NLRB v. Universal Camera Corp., 190 F.2d 429, 430 (2d Cir.1951) (“[TJhat part of the evidence which the printed words do not preserve .... is the most telling part, for on the issue of veracity the bearing and delivery of a witness will usually be the dominating factors.... ”); Broad. Music, Inc. v. Havana Madrid Rest. Corp., 175 F.2d 77, 80 (2d Cir.1949) (“The liar’s story may seem uncontradicted to one who merely reads it, yet it may be contradicted ... by his manner ... which cold print does not preserve.”) (internal quotations omitted).