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3 Cards in this Set

  • Front
  • Back
When does the Confrontation Clause prevent evidence from getting in under Crawford?
Statement is offered against the accused in a criminal case

Declarant is unavailable

Statement was Testimonial in nature
Non testimonial hearsay such as business records, dying declarations and statements not offered for the truth of the matter are allowed

Accused had no opportunity to cross examine
What still gets in under Crawford
Nontestimonial statements
Dying Declarations
Statements not offered for TOMA
Statements made to the police under Crawford
Statements made int he course of police interrogation are not allowed to come in if the statement is in furtherance of the investigation