white illinois argued november decided january petitioner white trial charges related sexual assault upon girl trial ruled testimony recounting statements describing crime offered babysitter mother investigating officer emergency room nurse doctor admissible state law hearsay exceptions spontaneous declarations statements made course securing medical treatment trial also denied white motion mistrial based presence trial failure testify white found guilty jury illinois appellate affirmed conviction rejecting sixth amendment confrontation clause challenge based ohio roberts concluded later decision state inadi foreclosed rule requiring necessary antecedent introduction hearsay testimony prosecution must either produce declarant trial show declarant unavailable held confrontation clause require trial admits testimony spontaneous declaration medical examination exceptions hearsay rule either prosecution must produce declarant trial trial must find declarant unavailable pp rejects argument amicus curiae confrontation clause limited purpose prevent abusive practice prosecuting defendant presentation ex parte affidavits without affiants ever produced trial situation clause apply introduction statements admitted accepted hearsay exception cases statement character ex parte affidavit witness white within meaning clause statements fit description narrow reading clause virtually eliminate role restricting admission hearsay testimony foreclosed decisions see mattox comes late day warrant reexamination pp although roberts contains language might suggest confrontation clause generally requires declarant produced trial found unavailable statement may admitted evidence expansive reading negated decision inadi supra inadi recognized respect coconspirator statements evidentiary rationale admitting testimony regarding hearsay spontaneous declarations statements made course receiving medical care declarations made contexts provide substantial guarantees trustworthiness factors contribute statements reliability recaptured later testimony statement offered moment excitement without opportunity reflect consequences one exclamation may justifiably carry weight trier fact similar statement offered relative calm courtroom similarly statement made course procuring medical services declarant knows false statement may cause misdiagnosis mistreatment carries special guarantees credibility trier fact may think replicated courtroom testimony proffered hearsay sufficient guarantees reliability come within firmly rooted exception hearsay rule confrontation clause satisfied establishing generally applicable unavailability rule practical benefits imposing pointless litigation costs pp white misplaces reliance coy iowa maryland craig draws general rule hearsay testimony offered child permitted upon showing necessity cases necessary protect child physical psychological wellbeing cases involved question procedures constitutionally required guarantee defendant confrontation rights child witness testifying basis importing necessity requirement much different context declarations admitted established exceptions hearsay rule pp rehnquist delivered opinion white blackmun stevens kennedy souter joined scalia thomas joined except discussion rejecting proposed reading witness confrontation clause phrase thomas filed opinion concurring part concurring judgment scalia joined gary peterson argued cause petitioner briefs daniel yuhas arleen anderson argued cause respondent brief roland burris rosalyn kaplan terence madsen douglas smith stephen nightingale argued cause amicus curiae urging affirmance brief solicitor general starr assistant attorney general mueller deputy solicitor general bryson briefs amici curiae urging affirmance filed state california et al daniel lungren attorney general california george williamson chief assistant attorney general arnold overoye senior assistant attorney general karen ziskind janet neeley janet bangle deputy attorneys general attorneys general respective follows jimmy evans alabama charles cole alaska gale norton colorado richard blumenthal connecticut robert butterworth florida larry echohawk idaho bonnie campbell iwoa robert stephan kansas fred cowan kentucky michael carpenter maine joseph curran maryland scott harshbarger massachusetts frank kelley michigan hubert humphrey iii minnesota mike moore mississippi marc racicot montana frankie sue del papa new jersey lee fisher ohio ernest preate pennsylvania travis medlock south carolina paul van dam utah jeffrey amestoy vermont mary sue terry virginia mario palumbo west virginia joseph meyer wyoming city new york victor kovner leonard koerner elizabeth natrella new york society prevention cruelty children john hale victim assistance centre et al david crump natman schaye filed brief national association criminal defense lawyers amicus curiae chief justice rehnquist delivered opinion case consider whether confrontation clause sixth amendment requires trial admits testimony spontaneous declaration medical examination exceptions hearsay rule prosecution must either produce declarant trial trial must find declarant unavailable illinois appellate concluded procedures constitutionally required agree conclusion petitioner convicted jury aggravated criminal sexual assault residential burglary unlawful restraint ch events giving rise charges related sexual assault four years old testimony trial established early morning hours april babysitter tony devore awakened scream devore went bedroom witnessed petitioner leaving room petitioner left house tr devore knew petitioner petitioner friend mother tammy grigsby devore asked happened according devore trial testimony stated petitioner put hand mouth choked threatened whip screamed touch ed wrong places asked devore point touched identified vaginal area tammy grigsby mother returned home minutes later grigsby testified daughter appeared scared little hyper grigsby proceeded question daughter happened trial grigsby testified repeated claims petitioner choked threatened grigsby also testified stated petitioner put mouth front part grigsby also noticed bruises red marks neck previously grigsby called police officer terry lewis arrived minutes later roughly minutes scream first awakened devore lewis questioned alone kitchen trial lewis summary statement indicated offered essentially story first reported devore grigsby including statement petitioner used tongue private parts lewis concluded investigation approximately four hours devore first heard scream taken hospital examined first cheryl reents emergency room nurse michael meinzen testified trial testimony indicated response questioning provided account events essentially identical one given devore grigsby lewis never testified petitioner trial state attempted two occasions call witness apparently experienced emotional difficulty brought courtroom instance left without testifying app defense made attempt call witness trial neither made asked make finding unavailable testify tr petitioner objected hearsay grounds devore grigsby lewis reents meinzen permitted testify regarding statements describing assault trial overruled objection respect devore grigsby lewis trial concluded testimony permitted pursuant illinois hearsay exception spontaneous declarations petitioner objections reents meinzen testimony similarly overruled based spontaneous declaration exception exception statements made course securing medical treatment trial also denied petitioner motion mistrial based presence failure testify app petitioner found guilty jury illinois appellate affirmed conviction held trial operated within discretion accorded state law ruling statements offered devore grigsby lewis qualified spontaneous declaration exception ruling statements offered reents meinzen qualified medical examination exception went reject petitioner confrontation clause challenge challenge based principally language contained decision ohio roberts concluded later decision inadi foreclosed rule requiring necessary antecedent introduction hearsay testimony prosecution must either produce declarant trial show declarant unavailable illinois denied discretionary review granted certiorari limited constitutional question whether permitting challenged testimony violated petitioner sixth amendment confrontation clause right consider preliminary matter argument considered urged amicus curiae support respondent contends petitioner confrontation clause claim rejected confrontation clause limited purpose prevent particular abuse common century england prosecuting defendant presentation ex parte affidavits without affiants ever produced trial statements fit description suggests witness petitioner within meaning clause urges position apparently order might conclude confrontation clause generally apply introduction statements admitted accepted hearsay exception situation confrontation clause apply exception argues cases statement sought admitted character ex parte affidavit circumstances surrounding statement utterance suggest statement made principal purpose accusing incriminating defendant narrow reading confrontation clause virtually eliminate role restricting admission hearsay testimony foreclosed prior cases discussions cases going back least far mattox included historical examination origins confrontation clause state law evidence existing time sixth amendment adopted later careful equate confrontation clause prohibitions general rule prohibiting admission hearsay statements idaho wright citations omitted nonetheless consistently sought stee middle course roberts supra recognizes hearsay rules confrontation clause generally designed protect similar values california green stem roots dutton evans mattox upon government relies allowed recorded testimony witness prior trial admitted view result justified hearsay testimony unlike ex parte affidavit came within established exception hearsay rule think argument presented government comes late day warrant reexamination approach therefore turn petitioner principal contention prior decision roberts requires conviction vacated roberts considered confrontation clause challenge introduction trial transcript containing testimony probable cause hearing transcript included testimony witness produced trial subject examination defendant counsel probable cause hearing course rejecting confrontation clause claim case used language might suggest confrontation clause generally requires declarant either produced trial found unavailable statement may admitted evidence however think expansive reading clause negated subsequent decision inadi supra inadi considered admission statements made coconspirator course conspiracy initial matter rejected proposition roberts established rule statement admissible without showing unavailability contrary rather establishing wholesale revision law evidence guise confrontation clause ibid concluded roberts must read consistently question answered authority cited facts understood roberts stands proposition unavailability analysis necessary part confrontation clause inquiry challenged statements made course prior judicial proceeding ibid clarified scope roberts inadi went reject confrontation clause challenge presented particular refused extend unavailability requirement established roberts statements decision rested two factors first unlike former testimony coconspirator statements provide evidence conspiracy context replicated even declarant testifies matters inadi also given declarant likely change status time trial occurs simply calling declarant hope repeat prior statements poor substitute full evidentiary significance flows statements made conspiracy operating full force ibid second observed little benefit accomplished imposing unavailability rule rule work bar absolutely introduction statements declarant either unavailable available produced trial statements introduced unavailability rule likely produce much testimony adds meaningfully trial process ibid many declarants subpoenaed prosecution defense regardless confrontation clause requirement compulsory process clause evidentiary rules permitting defendant treat witnesses hostile aid defendants obtaining declarant live testimony unavailability rule therefore little improve accuracy factfinding likely impose substantial additional burdens factfinding process prosecution required repeatedly locate keep continuously available declarant even neither prosecution defense interest calling witness stand additional inquiry injected question admissibility evidence litigated trial appeal observations although expressed context evaluating coconspirator statements apply full force case hand note first evidentiary rationale permitting hearsay testimony regarding spontaneous declarations statements made course receiving medical care declarations made contexts provide substantial guarantees trustworthiness factors contribute statements reliability recaptured even later testimony statement offered moment excitement without opportunity reflect consequences one exclamation may justifiably carry weight trier fact similar statement offered relative calm courtroom similarly statement made course procuring medical services declarant knows false statement may cause misdiagnosis mistreatment carries special guarantees credibility trier fact may think replicated courtroom testimony thus materially different statements issue roberts statements sought introduced made course judicial proceeding consequently threat lost evidentiary value statements replaced live testimony preference live testimony case statements like offered roberts importance greatest legal engine ever invented discovery truth green thus courts adopted general rule prohibiting receipt hearsay evidence proffered hearsay sufficient guarantees reliability come within firmly rooted exception hearsay rule confrontation clause satisfied therefore think clear statements admitted case substantial probative value value duplicated simply declarant later testifying exclude probative statements strictures confrontation clause height given confrontation clause basic purpose promotion integrity factfinding process coy iowa quoting kentucky stincer also noted statement qualifies admission firmly rooted hearsay exception trustworthy adversarial testing expected add little reliability wright given evidentiary value statements reliability establishing generally applicable unavailability rule practical benefits imposing pointless litigation costs see reason treat statements case differently found admissible inadi contrary rule result exactly kind wholesale revision laws evidence expressly disavowed inadi therefore see basis roberts inadi excluding trial aegis confrontation clause evidence embraced within exceptions hearsay rule spontaneous declarations statements made medical treatment second line argument petitioner presses upon us two recent decisions involving child testimony child sexual assault cases coy iowa supra maryland craig coy craig required us consider constitutionality courtroom procedures designed prevent child witness face across open courtroom defendant charged sexually assaulting child coy vacated conviction resulted trial child witness testified behind screen particularized showing procedure necessary avert risk harm child craig upheld conviction resulted trial child witness testified via closed circuit television showing necessity petitioner draws two cases general rule hearsay testimony offered child permitted upon showing necessity cases necessary protect child physical psychological wellbeing petitioner reliance misplaced coy craig involved question procedures constitutionally required guarantee defendant confrontation right witness testifying question quite separate requirements confrontation clause imposes predicate introduction declarations coy craig speak latter question recognized coy admissibility hearsay statements raises concerns lying periphery confrontation clause designed address thus basis importing necessity requirement announced cases much different context declarations admitted established exceptions hearsay rule foregoing reasons judgment illinois appellate affirmed footnotes illinois ch provides prosecution violation section criminal code statements made victim medical personnel purposes medical diagnosis treatment including descriptions cause symptom pain sensations inception general character cause external source thereof insofar reasonably pertinent diagnosis treatment shall admitted exception hearsay rule criminal prosecutions accused shall enjoy right confronted witnesses amdt take given therefore testimony properly falls within relevant hearsay exceptions note also position advanced previously considered gained support single justice see dutton evans harlan concurring result unavailability rule mean rule require predicate introducing hearsay testimony either showing declarant unavailability production trial declarant criminal prosecutions accused shall enjoy right compulsory process obtaining witnesses favor amdt indeed factor led us conclude firmly rooted exceptions carry sufficient indicia reliability satisfy reliability requirement posed confrontation clause see idaho wright bourjaily doubt two exceptions consider case firmly rooted exception spontaneous declarations least two centuries old see wigmore evidence chadbourn rev may date late century see thompson trevanion currently recognized federal rules evidence rule nearly see brief amici curiae state california et pp collecting state statutes cases exception statements made purposes medical diagnosis treatment similarly recognized federal rules evidence rule equally widely accepted among see brief amici curiae state california et al amici curiae justice thomas justice scalia joins concurring part concurring judgment reaches correct result precedents write separately suggest confrontation clause jurisprudence evolved manner perhaps inconsistent text history clause unnecessarily rejects dicta suggestion confrontation clause general may regulate admission hearsay evidence see ante truth may cases unnecessarily complicated confused relationship constitutional right confrontation hearsay rules evidence confrontation clause provides simply criminal prosecutions accused shall enjoy right confronted witnesses amdt plain critical phrase within clause purposes case witnesses attempt unraveling understanding relationship clause hearsay rules must begin analysis meaning phrase unfortunately recent cases area assumed hearsay declarants witnesses defendant within meaning clause see ohio roberts lee illinois idaho wright assumption neither warranted supported history text confrontation clause virtually evidence drafters confrontation clause intended mean see california green harlan concurring dutton evans harlan concurring result baker right confrontation hearsay rules due process proposal determining hearsay may used criminal trials rev strictest reading construe phrase witnesses confer defendant right confront witnesses actually appear testify trial wigmore view net result constitutional rule far testimony required hearsay rule taken infrajudicially shall taken certain way namely subject secretly ex parte away accused constitution prescribe kinds testimonial statements dying declarations like shall given infrajudicially depends law evidence time mode procedure shall followed procedure case testimony required ordinary law evidence given infrajudicially wigmore evidence chadbourn rev omitted emphasis modified sixth amendment literally contain prohibition upon hearsay evidence since guarantees defendant right confront witnesses applied sixth amendment context prosecution noun witness today mean either one knows sees thing one personally present one gives testimony testifies judicial proceedings one make solemn declaration oath purpose establishing making proof fact webster american dictionary english language emphasis added see also buchanan linguae britannicae vera pronunciatio former meaning one knows sees cover hearsay evidence excluded sixth amendment words following noun witnesses phrase obviously refers give testimony defendant trial maryland craig dissenting opinion relevant historical sources earlier decisions nonetheless suggest narrower reading clause one given since may well correct england magistrates interrogated prisoner accomplices others prior trial interrogations intended information prisoner right probably never present stephen history criminal law england trial proof usually given reading depositions confessions accomplices letters like occasioned frequent demands prisoner accusers witnesses brought face face see also wigmore supra appreciation necessity calling person stand witness rather common practice obtain information consulting informed persons called holdsworth history english law ed infamous trial sir walter raleigh charges treason crown primary evidence confession alleged coconspirator confession repudiated trial probably obtained torture example feature english criminal procedure see pollitt right confrontation history modern dress stephen supra holdsworth supra apparently response abuses common law right confrontation began develop england late early centuries wigmore supra pollitt supra justice story believed sixth amendment codified common law story commentaries constitution previously recognized common law origins right see salinger right confrontation originate provision sixth amendment common law right recognized exceptions consistently indicated primary purpose clause prevent abuses occurred england see mattox primary object confrontation clause prevent depositions ex parte affidavits sometimes admitted civil cases used prisoner lieu personal examination witness california green sufficient note particular vice gave impetus confrontation claim practice trying defendants evidence consisted solely ex parte affidavits depositions secured examining magistrates thus denying defendant opportunity challenge accuser encounter front trier fact harlan concurring scant information available may tentatively concluded confrontation clause meant constitutionalize barrier flagrant abuses trials anonymous accusers absentee witnesses dutton evans harlan concurring result paradigmatic evil confrontation clause aimed trial affidavit appears little indication historical record exceptions hearsay rule understood limited simultaneously evolving common law right confrontation never explored historical evidence point matter plain language however difficult see clause apply hearsay evidence general proposition justice harlan observed one translate confrontation clause language common use today read criminal prosecutions accused shall enjoy right present witnesses nothing language equivalent connote purpose control scope rules evidence language particularly intended prohibition use hearsay opinion concurring result amicus curiae suggested confrontation clause apply persons provide testimony functional equivalent affidavits depositions confessions made contemplation legal proceedings interpretation ways consistent text history clause current jurisprudence largely consistent cases carefully formulated however approach might difficult apply might develop manner entirely consistent crucial witnesses phrase case example victim statements investigating police officer might considered functional equivalent testimony statements arguably made contemplation legal proceedings attempts draw line statements made contemplation legal proceedings made entangle courts multitude difficulties types statements categorically characterized within without reach defendant confrontation rights even statements made police government officials deemed automatically subject right confrontation imagine victim blurts accusation passing police officer unsuspecting social services worker told possible child abuse also clear approach whether declarant listener must contemplating legal proceedings devotes little attention application proposed standard case thus faced situation text sixth amendment supports view history earlier cases point away strictest reading text despite tension believe possible interpret confrontation clause along lines suggested manner faithful provision text history one possible formulation follows federal constitutional right confrontation extends witness actually testifies trial confrontation clause implicated extrajudicial statements insofar contained formalized testimonial materials affidavits depositions prior testimony confessions discrete category testimonial materials historically abused prosecutors means depriving criminal defendants benefit adversary process see mattox approach confrontation clause construed extend beyond historical evil directed approach consistent vast majority cases since virtually decided ohio roberts involved prior testimony confessions exactly type formalized testimonial evidence lies core confrontation clause concern narrower reading confrontation clause greatly simplify inquiry hearsay context furthermore interpretation avoid problem posed current focus hearsay exceptions firmly rooted common law see ante never explained confrontation clause implications state decision adopt exception recognized common law one recognized majority current jurisprudence suggests order satisfy sixth amendment state establish individual case hearsay admitted pursuant newly created exception bears particularized guarantees trustworthiness continue exception became firmly rooted common law even possible standard result difficult square clause neither language clause historical evidence appears support notion confrontation clause intended constitutionalize hearsay rule exceptions although repeatedly disavowed intent cause result see ante idaho wright inadi dutton evans california green fear decisions edged ever direction foregoing reasons respectfully suggest appropriate case reconsider phrase witness confrontation clause pertains admission hearsay join opinion except discussion narrow reading phrase proposed recent decision address question explicitly ohio roberts simply stated historical evidence leaves little doubt however clause intended exclude hearsay citing california green cited passage green simply reiterates previously noted point right confrontation evolved response problem trial affidavit thus statement roberts clause intended exclude hearsay correct far goes affidavits depositions hearsay opinion read established drafters intended clause encompass hearsay even hearsay general see reynolds testimony prior trial mattox motes testimony preliminary trial pointer texas preliminary hearing testimony douglas alabama codefendant confession brookhart janis barber page preliminary hearing testimony bruton codefendant confession roberts russell per curiam berger california per curiam preliminary hearing testimony california green preliminary hearing testimony statement police mancusi stubbs prior testimony