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- Statements by victims and witness describing the defendant's conduct, made to police after the investigation has begun, are testimonial. Depositions, affidavits, transcripts of prior testimony, and other formalized statements are testimonial. Police investigative records, such as lab reports of drug tests, are testimonial.
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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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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
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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. For example: !
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Nov 18, 2012 · While the judge acknowledges that he has at least heard of the Sixth Amendment’s Confrontation Clause, he accepts the government’s argument that the complainant’s statement was not “testimonial” and overrules your objection.
Sep 1, 2015 · Over a Confrontation Clause objection, the government was permitted to introduce autopsy reports through the testimony of a medical examiner who did not perform the autopsy. The Ignasiak court held that the autopsy reports qualified as “testimonial” evidence.
In subsequent opinions, th e Court has fur th er examined what it means for evidence to be testimonial for Confrontation Clause purposes-particularly in th e context of forensic laboratory reports and analysis.
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.
