Constitutional Limitations

Question 1

On what constitutional grounds can hearsay evidence be challenged?

Answer 1

1. 6th Amendment - Confrontation Clause AND
2. 14th Amendment - Due Process Clasue

Question 2

When does the confrontation clause apply?

Answer 2

1. In a criminal trial
2. In order to admit out of court testimonial statement of a declarant against D
3. Declarant must be unavailable AND
4. D must have had a prior opportunity to cross-examine the declarant

Question 3

What is a testimonial statement ?

Answer 3

Objective Analysis to determine if statement is testimonial

• Statement made during police interrogation that had the prim. purp. of getting past crim. conduct
• Certificate of governmental lab. analyst that a substance was an illegal drug
• NOT when prim. purp. is to help police in ongoing emergency (911 call)

Question 4

If hearsay is testimonial, it will only be admissible when?

Answer 4

Adverse party has an opportunity to cross-examine the declarant

Question 5

Unavailability of Declarant & Confrontation Clause

Answer 5

• CC mandates that the use of hearsay evidence based on forfeiture by wrongdoing exception requires D to have acted with particular purp. of making the wit. unavail.
• Mere fact that D made declarant unavail. doesn’t mean he had purp. if he is on trial for the act that made wit. unvail.

Question 6

How should a hearsay question be analyzed?

Answer 6

1. Isolate statement - Look for words like told, said, yelled, exclaimed, screamed
2. Determine who is the declarant of the statement - Party Opponent v. Avail. Wit. v. Unavailable
3. Determine if there is an assertion
4. Determine what is the purp. for which the ev. is being offered (truth or less) - IF not truth, then STOP
5. If used for truth, look to exceptions or exemptions
6. If used in criminal case, is it testimonial ev., does the confrontation clause apply?

Question 7

When does the Due Process Clause Apply?

Answer 7

May prevent application of a hearsay rule when such rule unduly restricts a D’s ability to mount a defense

Question 8

Confrontation Clause & Face to Face Confrontation

Answer 8

• CC prefers face to face confrontation of a D and a wit. in court
• but can be denied if important public interest at stake (such as protecting a child)