Confrontation Clause

Question 1

Constutional grant?

Answer 1

6th Amendment’s Confrontation Clause

Question 2

When will statement be excluded by confrontational clause?

Answer 2

Out-of-court statement offered against ∆ will be excluded if:

1. Declarant is currently unavailable
2. Declarant had no prior opportunity to cross-examine the declarant about the statement at the time it was made
3. Statement is testimonial

Question 3

What is testimonial evidence?

Answer 3

the primary purpose of the police investigation is to prove past events relevant to later criminal prosecution

Question 4

What is non-testimonial evidence?

Answer 4

Where the primary purpose of the statement is to aid police in an on-going emergency