Confrontation Clause

Question 1

right to confront witnesses (6A)

Answer 1

confrontation clause gives a criminal defendant the right to confront witnesses against him

Question 2

violating the 6A

Answer 2

the use of an out-of-court statement (even w/in a hearsay exception) violates the 6A when:
1. the statement is testimonial,
2. declarant is unavailable to be cross-examined at trial, AND
3. D did NOT have an opportunity to cross-examine the declarant before trial

Question 3

testimonial statements

Answer 3

statements made under circumstances that would reasonably be believed would be available for use at a later trial

includes statements made to
- grand juries
- affidavit or certified report with forensic lab results
- in a legal proceeding
- the police whose primary purpose (when viewed objectively) was to collect testimony to be used at a later trial

Question 4

ongoing emergency

Answer 4

a statement to assist the police in an ongoing emergency is NOT testimonial

existence of an ongoing emergency determined by:
- nature of the dispute,
- potential harm to V,
- threat to additional identifiable Vs,
- generalized threat to the public,
- type of weapon, AND
- whether suspect is at large or located BUT NOT apprehended