Constitutional Limitations

Question 1

Grounds for hearsay restrictions: 6th Amendment Confrontation Clause and Hearsay

Answer 1

6th Amendment Confrontation Clause and Hearsay Evidence: requires D to be unavailable and D had prior opportunity to cross declarant

Testimonial statements- objective analysis-if primary purpose is emergency assistance, not testimonial.

Unavailability of declarant: D must have purpose of making declarant unavailable, and fact that D made declarant unavailable does not mean he had purpose if he is on trial for the act which made the witness unavailable

14th Amendment Due Process Clause: may prevent application of hearsay rule when rule unduly restricts D’s ability to mount a defense.

Question 2

Face to Face Confrontation

Answer 2

Confrontation clause prefers face to face, but can be denied if important public interest at stake.