Confrontation Flashcards
1
Q
when does confrontation come in?
A
testimonial hearsay –> hearsay exception –> confrontation issue comes up
2
Q
crawford rule
A
if testimonial –> 6th amendment requires either availability or a prior opportunity to cross-examine
3
Q
what is testimonial evidence test
A
if made during police interrogation: was it aimed primarily to assist investigation or to resolve ongoing emergency?
was it intended to be used in a trial?
