LAW 682 Lecture Notes - Lecture 14: Confrontation Clause, Declarant
Document Summary
Statements to private parties are much less likely to be testimonial than statements to law enforcement officers (police interrogations, grand jury testimony) When the primary purpose of [a police] interrogation is to respond to an ongoing emergency, its purpose is not to create a record for trial and thus [it] is not within the scope of the confrontation clause. Interrogation at police station meant to gather information for purpose of prosecution (testimonial) We have to ask the purpose of making the statement, from the perspective of. A lab report sometimes will qualify as testimonial if it"s prepared in anticipation of litigation. Kagan-a statement qualifies as testimonial if it was made for the primary purpose of establishing past events potentially relevant to later criminal prosecution. " . Alito-statement testimonial only if it had the primary purpose of accusing a targeted individual of engaging in criminal conduct. Thomas-the confrontation clause regulates only the use of statements bearing indicia of solemnity. " (formality test)
