Confrontation Clause

Question 1

confrontation clause

Answer 1

an otherwise admissible out-of-court statement offered against D in a criminal case may be excluded under the 6A Confrontation Clause

Question 2

determining if CC applies

Answer 2

1. was the statement testimonial? If not, no CC violation
2. If yes, is the witness **unavailable **for trial? If no, no CC violation
3. If yes, was there a prior opportunity to cross-examine the witness? if yes, no CC violation

If all three criteria, CC violation

**EXCEPTION: **forfeiture by wrongdoing: D wrongly made W unavailable

Question 3

testimonial statement

Answer 3

1. prior statements made during court proceedings
2. statements made in furtherance of police investigation

Question 4

primary purpose test

Answer 4

if the primary purpose was to:
1. assist in **ongoing emergency **- NOT testimonial
2. establish or prove past events potentially relevant to **later criminal prosecution **- IS testimonial

Question 5

the evolving statement

Answer 5

a statement that starts out as an emergency may later become testimonial
(when primary purpose switches)

Question 6

co-defendants statements & CC

Answer 6

a co-D’s out-of-court statement is admissible if iether:
1. Declarant co-D testifies (available)
2.** Redaction** of parts relating to D that keeps D anonymous??
3. Coerced confession: rebut a charge of coerced confession