Constitutional Limits on Hearsay

Question 1

what do we look for

Answer 1

gov offering testimonial hearsay in criminal TRIAL

Question 2

what is testimonial

Answer 2

formal setting, declarant knew they were accusing

Question 3

what’s the exception to testimonial hearsay

Answer 3

an ongoing emergency. no confrontation needed if statements were made for the primary purpose of stopping emergency

Question 4

options for testimonial hearsay

Answer 4

• declarant testifies –> ok
• declarant does not testify –> barred UNLESS
  a) ∆ wrongful procured declarant’s absence (but not just that he murdered him)
  b) dying declaration
  c) ∆ had prior opportunity for cross
  d) testimony is not really hearsay (non TOMA)

Question 5

what about non testimonial hearsay when declarant doesn’t testify

Answer 5

probably fine

in Oregon:
- state prosecutor must show declarant was actually unavailable and testimony is reliable