This article addresses the definition and scope of “testimonial” hearsay under the Crawford doctrine. It discusses the four factors that are most likely to qualify an out-of-court statement as testimonial hearsay under the Sixth Amendment. In addition to discussing the facts and holding of Crawford, it discusses the subsequent cases interpreting that opinion.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-72; GWU Legal Studies Research Paper No. 2018-72
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §8.84 “Testimonial” Hearsay —Reach and Limits of the Crawford Doctrine (November 1, 2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §8.84 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-72; GWU Legal Studies Research Paper No. 2018-72. Available at SSRN: https://ssrn.com/abstract=3277079