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Flashcards in Witness Identifications Deck (3)
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1
Q

Confrontation – Crawford v. Washington

A

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

2
Q

Examples of Testimonial statements

A
  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-∆
3
Q

Tenders Years Statute

A

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