To: djf
The Clauses primary object is testimonial hearsay, and interrogations by law enforcement officers fall squarely within that class.
Second, the Framers would not have allowed admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify and the defendant had had a prior opportunity for cross-examination. So does this also include those various "informants" of law enforcement? Since interrogations by LE fall into the class of testimonial hearsay I can't imagine that a person who essentially tells LE what they want to hear to get a lesser charge, or be let go entirely, would be above hearsay.
To: alexandria
the informant would have to testify at trial and be subject to cross-examimniation.
22 posted on
03/12/2004 9:43:38 PM PST by
ontos-on
To: alexandria
Another thing I am curious about would be the domestic violence cases. At times, the police approach the scene and the victim makes a "spontaneous statement" about what happened, and it is used against him at trial even if the victim refuses to testify. So, if a guy gets arrested for spousal abuse, and she makes a "spontaneous statement" but later refuses to testify, does he walk?
23 posted on
03/12/2004 9:52:42 PM PST by
Enterprise
("Do you know who I am?")
To: alexandria
So does this also include those various "informants" of law enforcement? Since interrogations by LE fall into the class of testimonial hearsay I can't imagine that a person who essentially tells LE what they want to hear to get a lesser charge, or be let go entirely, would be above hearsay. This means that police who attempt to keep the name od secret informants from a defendent are committing a felony civil rights violation, a felony in and of itself. We'll see what effect this decision has on 800-number *turn in a Jew* anonymous tiplines.
25 posted on
03/12/2004 9:55:45 PM PST by
archy
(Concrete shoes, cyanide, TNT! Done dirt cheap! Neckties, contracts, high voltage...Done dirt cheap!)
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