Sixth Amendment Confrontation Clause

Question 1

The Confrontation Clause

Answer 1

guarantees a person accussed of a crime the right to confront witnesses against him in a criminal action (i.e., the right to be present at trial and the right to cross-examine the prosecution’s witnesses).

Question 2

Violation of the Confrontation Clause

Answer 2

The use of an out-of-court statement (even if it falls under a valid hearsay exception or testimonial privilege) violates the defendant’s constitutional rights if:
1. the proceeding is a criminal action
2. the statement is testimonial
3. declarant is unavailable to be cross-examined at trial, AND
4. the defendant did not have the opportunity to cross-examine the declarant at a proceeding prior to trial.

Question 3

Ongoing emergency

Answer 3

• A statement made to police whose primary purpose is to collect evidence to be used in a future criminal prosecution is testimonial.
• A statement made to police whose primary purpose is to pprovide assistance to an ongoing emergency is not testimonial.