Constitutional Limitations

Question 1

Hearsay Evidence Restrictions

Answer 1

1. 6A - confrontation clause and hearsay evidence

• requires declarant to be unavailable and D had prior opportunity to cross-examine declarant
• testimonial statements - objective analysis - if primary purpose is emergency assistance, not testimonial
• unavailability of declarant - D must have purpose of making declarant unavailable,
• fact that D made declarant unavail does not mean he had purpose if he is on trial for the act that made witness unavail

2. 14A - due process clause

• may prevent application of hearsay rule when rule unduly restricts D’s abiility to mount defense
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Question 2

Face to Face Confrontation

Answer 2

Confrontation clause prefers face to face confrontation, but can be deied if important public interest at stake