{
  "id": "RS21888",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21888",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 104700,
      "date": "2004-07-19",
      "retrieved": "2016-04-07T20:12:11.774737",
      "title": "Confrontation Clause Reshaped: Crawford v. Washington",
      "summary": "In  Crawford v. Washington , 124 S.Ct.  1354 (2004), the United States Supreme\nCourt held\nthat to admit hearsay testimonial evidence in criminal prosecutions the Sixth Amendment, the\nConfrontation Clause, requires that (1) the witness be unavailable  and  (2) the accused\nhad a prior\nopportunity to cross-examine the witness. This decision overruled  Ohio v. Roberts , 448\nU.S.  56\n(1980), where the Supreme Court had advanced a test requiring only that the statement from\nunavailable witnesses fall within a \"firmly rooted hearsay exception\" or bore \"particularized\nguarantees of trustworthiness\" in order to be admissible. In  Crawford , the Court\nconducted an\nhistorical analysis of the Confrontation Clause concluding that a prior opportunity to cross-examine\nwas a necessary condition for testimonial statements to be admitted against an accused. The Court\nheld that admitting statements on a judicial finding of reliability was contrary to constitutional\nrequirements. The Court declined to provide a comprehensive definition of \"testimonial,\" but\nprovided some examples, such as testimony at a preliminary hearing, before a grand jury, or at a\nformer trial, or statements made during police interrogations. This report provides a summary of the\nCourt's ruling.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "format": "PDF",
          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/RS21888",
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          "filename": "files/20040719_RS21888_608846de56e107cf12f0bdb0be1baa0582cf3d98.pdf",
          "images": null
        },
        {
          "format": "HTML",
          "filename": "files/20040719_RS21888_608846de56e107cf12f0bdb0be1baa0582cf3d98.html"
        }
      ],
      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions"
  ]
}