Crawford is a watershed case separating hearsay exceptions and confrontation.Overruling Roberts,Crawford established a new bright-line test for Confrontation Clause.Testimonial out-of-court statements,whether reliable...Crawford is a watershed case separating hearsay exceptions and confrontation.Overruling Roberts,Crawford established a new bright-line test for Confrontation Clause.Testimonial out-of-court statements,whether reliable or not,are inadmissible unless the prosecution has shown:(a)the declarant is unavailable and(b)the defense has a prior opportunity for cross-examination.Applying Crawford's primary purpose test,testimonial out-of-court forensic reports(usually as affidavits)might not be admissible.However,Crawford underlined that the Confrontation Clause has its independent procedural values and other nonepistemic functions.展开更多
文摘Crawford is a watershed case separating hearsay exceptions and confrontation.Overruling Roberts,Crawford established a new bright-line test for Confrontation Clause.Testimonial out-of-court statements,whether reliable or not,are inadmissible unless the prosecution has shown:(a)the declarant is unavailable and(b)the defense has a prior opportunity for cross-examination.Applying Crawford's primary purpose test,testimonial out-of-court forensic reports(usually as affidavits)might not be admissible.However,Crawford underlined that the Confrontation Clause has its independent procedural values and other nonepistemic functions.
