Confrontation Clause

Question 1

What is the confrontation clause of the 6th Amendment?

Answer 1

In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him.

Question 2

Who can invoke the confrontation clause?

Answer 2

A defendant in a criminal case

Question 3

What do you need to know to apply the confrontation clause?

Answer 3

o What is testimony?
o Was there a prior opportunity for cross
o What was the primary purpose of the questions

Question 4

What is testimony?

Answer 4

Statements made under a situation that would make the W reasonably believe that the statement would be available for use in a later trial.

Question 5

What is the emergency doctrine?

Answer 5

Statements are non-testimonial when made in the courts of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.

Question 6

When does the emergency doctrine not apply

Answer 6

when the circumstances objectively indicate that there is no such ongoing emergency, & that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.

Question 7

When to use CC on exam

Answer 7

Evidence involves hearsay and is agenst a D in a criminal case