Confrontation Clause Flashcards
37
Q
Controntation Clause
A
6th amendment gives criminal defendant the riht to confront his accuser if an out of court statement by a declarant who does not appear in court is used for the truth against a criminal defednat, the 6th admendment is implicated
38
Q
Confrontation Clause Test
A
Whether the statement is testimonial (made primarily of collecting or preserving evidence for use of trial)
if testimonial
- d is unavialble
- d had prior opportunity to cross
if not testimonial
- statement falls within firmly rooted hearsay exceptions or
- has equivalent circumstantial guarantees of trustworthiness
