Sixth Amendment Confrontation Clause

Question 1

Sixth Amendment Confrontation Clause (Generally)

Answer 1

(1) Generally: Requires that for a witness to testify the opposing party have the ability to cross-examine them

(2) Effectiveness: It is irrelevant whether that opportunity is effective (for example, the witness has a poor memory)

Question 2

Testimonial Statements (Pre-Trial)

Answer 2

Statements made under circumstances under which a reasonable person would believe that they could be used in the prosecution of a crime

Question 3

6th Amendment Primary Purpose Analysis

Answer 3

The intent of the declarants: understanding the primary purpose of the statements. E.g, statements of a child are unlikely to be testimonial as they are not likely to be made to aid prosecution.

Public Safety exception: (1) whether the crime was made during an on-going emergency; (2) whether the statement was made to address the emergency or to prosecute a crime

Question 4

6th Amendment – Unavailable Confrontation

Answer 4

Rule: Admissible if the evidence bears “adequate indicia of reliability”

(a) Falls within a firmly rooted exception of hearsay
(b) Bears particularized guarantees of trustworthiness

For example, when a codefendant’s statements are identical to that of a defendant’s statements they are reliable.