Confrontation Clause Flashcards
What does the confrontation clause provide?
The 6th and 14th Amendment’s confrontation clause provides that all criminal prosecutions must afford the accused the right to confront the witnesses against the accused, when offering testimonial evidence.
What does the confrontation clause require the court to do?
The court must ensure that witnesses in criminal cases testify under oath, understanding the trial’s serious nature, and that the accused has the opportunity to cross-examine witnesses who testify against the accused.
What does the confrontation clause require as to jurors?
The court must ensure that jurors can assess credibility of prosecution witnesses by observing them.
Does the confrontation clause permit use of prior testimony?
No; if a witness is unavailable, the witness’s prior testimony against the same defendant is admissible when the defendant had equivalent motive and full opportunity to cross-examine the witness.
Must the witness appear before the defendant in every case?
A court may protect abused children from further serious emotional distress by allowing cross-examination only by one-way closed-circuit television and may limit cross-examination when the defendant has exhausted it and further cross-examination would be harassing.
What if anything does the confrontation clause require as to non-testimonial evidence?
The confrontation-clause does not apply to non-testimonial evidence.
What is the difference between testimonial and non-testimonial evidence?
Statements are testimonial when the circumstances indicate that there is no ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution. They are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.
The ____ and 14th Amendment’s confrontation clause provides that all _______ prosecutions must afford ________ the right to _________, when offering ___________.
6th
criminal
the accused
confront the witnesses against the accused
testimonial evidence
Under the confrontation clause, the court must ensure that witnesses in criminal cases testify ________, understanding the trial’s serious nature, and that the accused has the opportunity to ______________.
under oath
cross-examine witnesses who testify against the accused.
The confrontation clause requires that jurors be able to assess the credibility of prosecution witnesses by ___________.
observing their behavior.
The confrontation clause does not bar admission of an unavailable witness’s prior testimony against the same defendant when the defendant had ________________________.
equivalent motive and full opportunity to cross-examine the witness.
While face-to-face confrontation and cross-examination are ordinarily required, the court may protect _________ from further serious emotional distress by allowing cross-examination only by one-way closed-circuit television and may limit cross-examination when the defendant has _____________________.
abused children
exhausted it and further cross-examination would be harassing.
The confrontation clause does not apply to __________ evidence.
non-testimonial
Statements are testimonial when the circumstances indicate that there is no ___________, and that the primary purpose of the interrogation is to establish or prove _____________. They are nontestimonial when made in the course of _____________ under circumstances objectively indicating that the primary purpose of the interrogation is to enable ________________.
ongoing emergency
past events potentially relevant to later criminal prosecution
police interrogation
police assistance to meet an ongoing emergency.
