Witness Identifications

Question 1

Confrontation – Crawford v. Washington

Answer 1

RULE: gov’t cannot offer a testimonial statement by a declarant who is currently unavailable for cross-examination and was not previously subject to cross-examination by the defendant, the statement cannot be admitted

Question 2

Examples of Testimonial statements

Answer 2

1. Affidavits
2. Custodial examinations by gov’t agents
3. Statements to police during investigations that are not excited utterance or present-sence impression
4. Prior testimony (depositions) that ∆ was unable to cross-examine; and
5. Confessions by co-∆

Question 3

Tenders Years Statute

Answer 3

Creates a hearsay exception:

• Where child 12 years old or younger is a witness to one of the serioius offense listed,
• if child makes statement
• and court finds the statement relevant and reliable,
• Commonwealth can admit the statement even if child does not testify at trial or hearing