Constitutional Limitations

Question 1

What are the two constitutional grounds the hearsay evidence has been challenged on?

Answer 1

Sixth amendment - confrontation clause

Fourth amendment - due process clause

Question 2

What does the confrontation clause state regarding hearsay?

Answer 2

In order for hearsay evidence to be admissible in a criminal case, the hearsay evidence
-> requires the declarant to be unavailable
AND
-> D had prior opportunity to cross-examine the declarant

Question 3

What is the common-law exception to the Confrontation Clause’s rule on hearsay evidence?

Answer 3

A dying declarant’s hearsay statements can be admissible as evidence, even if such statements are testimonial statements.

Question 4

What is a testimonial statement?

Answer 4

A statement is testimonial when the statement was made under circumstances that would cause an objective witness to reasonably conclude that the statement would be available for use at a later trial (e.g. statement made in an affidavit, statement made during a custodial examination to an investigator).

Question 5

What are examples of testimonial statements made to the police?

Answer 5

A statement made during a police interrogation that had the primary purpose of ascertaining past criminal conduct is testimonial, as is a certificate of a governmental laboratory analyst that a substance was an illegal drug.

Question 6

What are not testimonial statements made to the police?

Answer 6

A statement made to police during the course of questioning with the primary purpose of enabling police to provide assistance to meet an ongoing emergency (e.g. 911 call).

Question 7

How does the Confrontation Clause limit the usage of hearsay evidence. based on the forfeiture-by-wrongdoing exception?

Answer 7

The exception can be used only for cases for which the D acted with the particular purpose of making the witness unavailable.

There mere fact that the declarant is unavailable due to the D’s act (e.g. murder of the witness) is not sufficient to establish such a purpose when the D is on trial for the act that made the witness unavailable.

Question 8

How does the Due Process Clause prevent the application of the hearsay rule?

Answer 8

Prohibits admissibility of hearsay evidence when such admissibility would unduly restrict a D’s ability to mount a defense.

Question 9

What does the Confrontation Clause like to have, but when can this be limited?

Answer 9

Confrontation Clause reflects a preference for face-to-face confrontation of a D and a witness in court.

However, this type of confrontation may be denied when there is an important public interest at stake, such as protecting a child.