CONFRONTATION CLAUSE

Question 1

PRIOR TESTIMONIAL STATEMENT OF AN UNAVAILABLE WITNESS

Answer 1

Not admissible when:
1. against the accused in a criminal case
2. declarant is unavailable
3. statement was testimonial in nature
4. accused had no opportunity to cross- examine them
declarant’s testimonial statement prior to trial

Question 2

TESTIMONIAL

Answer 2

1. statement made in the court of a police interrogation :
   - to aid in an ongoing investigation- NON testimonial
   - to establish or prove events for later prosecution- Testimonial
   - affidavits or written reports of forensic analysis: Testimonial- may not be admitted unless the defendant has had the opportunity to cross examine the author of the report