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  1. www.law.cornell.edu › constitution-conan › amendmentAdmissibility of Testimonial Statements | U.S. Constitution ...

    In subsequent opinions, the Court has further examined what it means for evidence to be “testimonial” for Confrontation Clause purposes-particularly in the context of forensic laboratory reports and analysis.

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  3. law.indiana.edu › instruction › tanford19. HEARSAY AND THE CONFRONTATION CLAUSE

    What is testimonial? A testimonial statement is one that looks like the kind of testimony that would be offered at trial in aid of prosecution: it identifies the defendant, accuses him of wrongdoing, describes the circumstances of the crime, establishes elements of the offense, and is made with some degree of formality after the event is over.

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  4. en.wikipedia.org › wiki › Confrontation_ClauseConfrontation Clause - Wikipedia

    Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.

  5. constitution.congress.gov › browse › essayAdmissibility of Testimonial Statements | Constitution ...

    United States the Court explained that a criminal defendant’s rights under the Confrontation Clause are not violated by the admission of a nontestifying codefendant’s confession during a joint trial when the confession does not directly identify the criminal defendant and the court had instructed the jurors to consider the confession only ...

  6. www.convictionrelief.com › blog › 2021Testimonial v. Non-Testimonial Hearsay | Levin & Javie

    May 20, 2021 · If a statement is “testimonial,” the Confrontation Clause prohibits its use at trial unless (1) the declarant testifies at trial or (2) the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant.

  7. www.sog.unc.edu › sites › wwwA Guide to Crawford and the Confrontation Clause

    The Sixth Amendment’s confrontation clause provides that “[i]n all criminal prosecutions the accused shall enjoy the right . . . to be confronted with the witnesses against him.” 1 This protection applies to the states by way of the Fourteenth Amendment. 2 In Crawford

  8. www.armfor.uscourts.gov › digest › IB3FIRST PRINCIPLES: Constitutional Matters: Confrontation

    (for the purposes of the Confrontation Clause, a statement is testimonial if made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial; in making this determination, a court asks whether it would be reasonably foreseeable to an objective person that the pur...

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