Confrontation Clause Flashcards
What amendement does the Confrontation Clause arise from?
6th Amendment (incorporated)
Generally, what is the Confrontation Clause?
A defendant must be given the opportunity to confront (cross-examine) any witnesses against them
How does current jurisprudence define “witnesses against”?
People who give testimonial statements against the defendant
Crawford
How are testimonial statements defined?
Statements that have the primary purpose of primary purpose to establish or prove past events potentially relevant to later criminal prosecution
Davis v Washington; Hammond v Indiana
How are non-testimonial statements defined?
Statements made under circumstances objectively indicating that the primary purpose is to enable police assistance to meet an ongoing emergency
Davis v Washington; Hammond v Indiana
What is the Primary Purpose Test
If the primary purpose of a statment to law enforcement is not to meet an ongoing emergency, it is testimonial
Davis v Washington; Hammond v Indiana
What factors are considered in an ongoing emergency analysis?
- Nature of the offense/Threat to Public
- Weapon Used
- Medical condition of the declarant
- Other Circumstances - Formality, Location, Parties
Michigan v Bryant
Is a Lab Report Testimonial?
The lab technician’s report which tells what substance a suspect possed is testimonial
Melendez-Diaz
Does providing another lab tech who didn’t produce the test in evidence, for cross examination satistfy the confrontation clause?
No. You must be able to cross examine the actual witness providing testimony to prove a fact
Bullcoming
How can testimonial evidence be entered without the witness present?
- Defendant must have had a prior opportunity to confront the witness
- The witness was made unavailable by the defendant
What counts as a Prior Opportunity to confront a witness?
Prior opportunity to cross examine with the similar motive to cross examine
What is the criteria for forefiture of the right to confront via wrongdoing?
The defendant must have engaged in conduct intended to prevent the witness from testifying in this trial
Giles v California
What is the Bruton Doctrine?
Where two defendants are tried jointly, the pretrial confession of one cannot be admitted against the other unless the confessing defendants takes the stand
When can co-defendant testimony be admitted without confrontation?
When the co defendant’s statements are redacted to not inculpate the defendant. The statements are no longer against the defendant
Richardson v Marsh
