Please scan the Confrontation Clause in the Sixth Amendment, at http://www.law.cornell.edu/constitution/sixth amendment
In three paragraphs of moderate length, please briefly describe how these two legal concepts (confidentiality, confrontation) are inconsistent with each other and how they can be reconciled.
Read the assignment it self, break it down into a series of simple pr format your paragraphs with numbers and titles based on your simple question, then read and reread the hyperlinks.
2. Do a very close/adversarial reading of the California rule. List all the elements of confidentiality in mediation in California, just to see exactly what is covered and what is not covered (the exclusions are where the holes are).
3. Do close/adversarial reading of the confrontation hyperlink. Explain to yourself what the typical elements of confrontation are, as you understand them in the light of the text of the confrontation are as you understand them in the light of the text of the confrontation clause itself.
4. Try to imagine a scenario in which someone else is trying to keep some useful information out of his reach.(FYI, this is the kind of case that goes to the Supreme court where a constitutional right goes head to head with another constitutional right or with some statutory rights.
5. Ask yourself whether it is possible with malice aforethought, so to speak to cleverly use the mediation confidentiality provision in such a way as to shelter information that you really do not want the criminal defendant to access. This is not an actual question posed by this particular Exercise, but you may be able to use it to understand the dynamics of these rules.
6.
regardless of any particular factual pattern, is there an inherent conflict between these two dusters of rights?
7. To the extent that they conflict how do you reconcile them?
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