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Confronting the Shadow: Is Forcing a Muslim to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?

By Alliance Alert

Pepperdine Law Review: "While similar cases have arisen in this country and abroad, nothing on the books is binding in the situation where a veiled Muslim woman testifies against a criminal defendant. Unsettling as this may be, the good news is that the United States Supreme Court has already laid out all of the rules necessary to formulate an answer. Yet in reaching that answer we tread on fragile grounds. The inevitable clash still remains: on one side we may have a Muslim woman who would rather sacrifice her liberty than remove her veil, while on the other we have a defendant who deserves the constitutional protection that this country's laws guarantee. This Comment will analyze the veiled witness's effect on the criminal defendant's right to confrontation and will ultimately argue that such veiled testimony violates the Confrontation Clause."

Full post as published by Constitutionally Correct on June 04, 2009 (boomark / email).