Confrontation

Question 1

What is the Crawford Test?

Answer 1

Assertion that testimonial hearsay requires cross-examination.

Question 2

What is Testimonial hearsay?

Answer 2

1. Prior testimony in a tiral, proceeding, hearing, or to a known police officer
2. Affidavits
   NOT:
3. Statements elicited by LEOs during an ongoing emergency

Question 3

What determines whether something is testimonial?

Answer 3

1. Formality of the setting
2. Declarant’s knowledge that their statement will be preserved for future prosecutorial use

Question 4

When can a respondent forfeit their confrontation rights? (FRE 804(b)(6))

Answer 4

When they act with a speific intent to silence a witness.