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Ballot Questions

PROPOSED CONSTITUTIONAL AMENDMENT NUMBER 1

AMENDING THE RIGHT OF PERSONS ACCUSED OF A CRIME
TO MEET THE WITNESSES AGAINST THEM FACE TO FACE

Ballot Question

Shall the Pennsylvania Constitution be amended to provide that a
person accused of a crime has the right to be "confronted with the witnesses against him," instead of the right to "meet the witnesses
face to face"?

YES or NO

See Election Results

Plain English Statement of the Attorney General of Pennsylvania

This ballot question proposes to amend the provision of the Pennsylvania Constitution that gives persons accused of a crime the right to "meet the witnesses face to face." The United States Constitution gives an accused person the right to "be confronted with the witnesses against him." This ballot question would make the language of the Pennsylvania Constitution the same as the language of the United States Constitution.

The Pennsylvania Supreme Court has ruled that laws permitting children to testify in criminal proceedings outside the physical presence of the accused, by means such as videotaped deposition and closed-circuit television, violate the Pennsylvania Constitution because they deny accused persons the right to confront the witnesses against them "face to face." In contrast, the United States Supreme Court has upheld such laws under the United States Constitution, which guarantees accused persons the right to confront the witnesses against them, but not necessarily the right to confront witnesses "face to face."

The purpose of this ballot question is to remove from the Pennsylvania
Constitution the right of accused persons to confront the witnesses against them "face to face," so that the Pennsylvania General Assembly may enact laws or the Pennsylvania Supreme Court may adopt rules that permit children to testify in criminal proceedings outside the physical presence of the accused.

The Pennsylvania Constitution would continue to guarantee accused
persons the right to confront the witnesses against them. This ballot
question is limited in that it would remove from the Pennsylvania
Constitution only the right to confront witnesses "face to face."

The effect of this ballot question would be to remove from the Pennsylvania Constitution the right of accused persons to confront the witnesses against them "face to face" and to make the language of the Pennsylvania Constitution guaranteeing accused persons the right to confront the witnesses against them the same as the language of the United States Constitution.