Confrontation Clause

Question 1

The — Amendment guarantees . . .

Answer 1

6th

Defendant’s in a criminal trial the right to confront accusers

Question 2

When do we arrive at a confrontation clause issue?

Answer 2

Statement is hearsay, offered against criminal defendant, not excluded, Declarant cannot be cross examined, there was no opportunity to cross examine, and WAS TESTIMONIAL

Question 3

Ok, everything seems clear enough, but what does it mean to be testimonial? How does one determine when a statement is testimonial?

Answer 3

The statement was made for the purpose in being offered in trial against a criminal defendant

Employ the primary purpose test

Question 4

Primary Purpose Test Defined

Answer 4

Statement are made in the course of a police interrogation under circumstances objectively indicating the primary purpose was to enable police assistance to meet an ongoing emergency

Question 5

Statements are — when there is no — —

Answer 5

Testimonial
Ongoing emergency

Question 6

True or False: statements made outside of an interrogation context are non-testimonial

Answer 6

False. Although it favors it being non-testimonial, the SC explicitly rejected such a rule

Question 7

True or False: Primary Purpose test is sufficient for exclusion of the statement

Answer 7

False. It is necessary, not sufficient