The Supreme Court hears oral arguments today in Crawford v. Washington. The issue is whether there are exceptions to the defendant's right under the Sixth Amendment to confront and cross-examine witnesses against him. This article traces the origin of the right --back to the Walter Raleigh treason trial in England in 1603.

The defense brief argues:

"The right to confrontation is a categorical requirement that the government prove its case through live testimony that is subject to cross-examination."

We agree. Cross-examination has been said to be the greatest legal invention for ferreting out untruths in the Courtroom (We think Wigmore said that.)

The specific issue before the Court:

Is a pretrial recorded statement by the defendant's wife admissible as hearsay evidence on the grounds that it is virtually identical with the defendant's own pretrial statement?