Can a videotaped statement be used against a defendant in a criminal trial, constitutionally?


In short, the answer is no! The Tennessee Supreme Court has held that under both state and federal confrontation clauses, ex parte videotaped statements cannot be used to convict a defendant. Under the Tennessee Constitution, the defendant has a right to come "face to face" with the accuser. Under the federal constitution, the defendant has a right to "confront" the accuser.