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words
bear
testimony
webster
american
dictionary
english
language
testimony
turn
typically
solemn
declaration
affirmation
made
purpose
establishing
proving
fact
ibid
accuser
makes
formal
statement
government
officers
bears
testimony
sense
person
makes
casual
remark
acquaintance
constitutional
text
like
history
underlying
right
confrontation
thus
reflects
especially
acute
concern
specific
type
statement
various
formulations
core
class
testimonial
statements
exist
ex
parte
testimony
functional
equivalent
material
affidavits
custodial
examinations
prior
testimony
defendant
unable
similar
pretrial
statements
declarants
reasonably
expect
used
prosecutorially
brief
petitioner
extrajudicial
statements
contained
formalized
testimonial
materials
affidavits
depositions
prior
testimony
confessions
white
illinois
thomas
joined
scalia
concurring
part
concurring
judgment
statements
made
circumstances
lead
objective
witness
reasonably
believe
statement
available
use
later
trial
brief
national
association
criminal
defense
lawyers
et
al
amici
curiae
formulations
share
common
nucleus
define
clause
coverage
various
levels
abstraction
around
regardless
precise
articulation
statements
qualify
definition
example
ex
parte
testimony
preliminary
hearing
statements
taken
police
officers
course
interrogations
also
testimonial
even
narrow
standard
police
interrogations
bear
striking
resemblance
examinations
justices
peace
england
statements
sworn
testimony
absence
oath
dispositive
cobham
examination
unsworn
see
jardine
criminal
trials
yet
raleigh
trial
long
thought
paradigmatic
confrontation
violation
see
campbell
marian
statutes
witnesses
typically
put
oath
suspects
see
hale
pleas
crown
yet
hawkins
others
went
way
caution
unsworn
confessions
admissible
anyone
confessor
see
supra
interrogators
police
officers
rather
magistrates
change
picture
either
justices
peace
conducting
examinations
marian
statutes
magistrates
understand
office
today
essentially
investigative
prosecutorial
function
see
stephen
criminal
law
england
langbein
prosecuting
crime
renaissance
england
professional
police
force
century
see
stephen
supra
surprising
government
officers
performed
investigative
functions
associated
primarily
police
involvement
government
officers
production
testimonial
evidence
presents
risk
whether
officers
police
justices
peace
sum
even
sixth
amendment
solely
concerned
testimonial
hearsay
primary
object
interrogations
law
enforcement
officers
fall
squarely
within
historical
record
also
supports
second
proposition
framers
allowed
admission
testimonial
statements
witness
appear
trial
unless
unavailable
testify
defendant
prior
opportunity
text
sixth
amendment
suggest
exceptions
confrontation
requirement
developed
courts
rather
right
confronted
witnesses
amdt
naturally
read
reference
right
confrontation
common
law
admitting
exceptions
established
time
founding
see
mattox
cf
houser
english
authorities
reveal
common
law
conditioned
admissibility
absent
witness
examination
unavailability
prior
opportunity
sixth
amendment
therefore
incorporates
limitations
numerous
early
state
decisions
applying
test
confirm
principles
received
part
common
law
read
historical
sources
say
prior
opportunity
merely
sufficient
rather
necessary
condition
admissibility
testimonial
statements
suggest
requirement
dispositive
merely
one
several
ways
establish
reliability
deny
chief
justice
notes
always
exceptions
general
rule
exclusion
hearsay
evidence
post
several
become
well
established
see
wigmore
brief
amicus
curiae
scant
evidence
exceptions
invoked
admit
testimonial
statements
accused
criminal
hearsay
exceptions
covered
statements
nature
testimonial
example
business
records
statements
furtherance
conspiracy
infer
framers
thought
exceptions
apply
even
prior
testimony
cf
lilly
virginia
plurality
opinion
ccomplices
confessions
inculpate
criminal
defendant
within
firmly
rooted
exception
hearsay
rule
iv
case
law
largely
consistent
two
principles
leading
early
decision
example
involved
deceased
witness
prior
trial
testimony
mattox
allowing
statement
admitted
relied
fact
defendant
first
trial
adequate
opportunity
confront
witness
substance
constitutional
protection
preserved
prisoner
advantage
seeing
witness
face
face
subjecting
ordeal
law
says
shall
circumstances
deprived
later
cases
conform
mattox
holding
prior
trial
preliminary
hearing
testimony
admissible
defendant
adequate
opportunity
see
mancusi
stubbs
california
green
pointer
texas
even
defendant
opportunity
excluded
testimony
government
established
unavailability
witness
see
barber
page
cf
motes
similarly
excluded
accomplice
confessions
defendant
opportunity
see
roberts
russell
per
curiam
bruton
douglas
alabama
contrast
considered
reliability
factors
beyond
prior
opportunity
hearsay
statement
issue
testimonial
see
dutton
evans
plurality
opinion
even
recent
cases
outcomes
hew
closely
traditional
line
ohio
roberts
admitted
statements
made
unwittingly
fbi
informant
applying
general
test
make
prior
indispensable
lee
illinois
state
relies
contrary
rejected
state
attempt
admit
accomplice
confession
state
argued
confession
admissible
interlocked
defendant
dealt
argument
rejecting
premise
holding
discrepancies
statements
insignificant
codefendant
confession
may
admitted
respondent
argues
logical
inference
statement
discrepancies
statements
insignificant
codefendant
statement
may
admitted
brief
respondent
merely
possible
inference
inevitable
one
draw
lee
meant
authoritatively
announce
exception
previously
unknown
jurisprudence
interlocking
confessions
done
oblique
manner
precedent
interlocking
confessions
addressed
entirely
different
question
whether
limiting
instruction
cured
prejudice
codefendants
admitting
defendant
confession
joint
trial
see
parker
randolph
plurality
opinion
abrogated
cruz
new
york
cases
thus
remained
faithful
framers
understanding
testimonial
statements
witnesses
absent
trial
admitted
declarant
unavailable
defendant
prior
opportunity
although
results
decisions
generally
faithful
original
meaning
confrontation
clause
said
rationales
roberts
conditions
admissibility
hearsay
evidence
whether
falls
firmly
rooted
hearsay
exception
bears
particularized
guarantees
trustworthiness
test
departs
historical
principles
identified
two
respects
first
broad
applies
mode
analysis
whether
hearsay
consists
ex
parte
testimony
often
results
close
constitutional
scrutiny
cases
far
removed
core
concerns
clause
time
however
test
narrow
admits
statements
consist
ex
parte
testimony
upon
mere
finding
reliability
malleable
standard
often
fails
protect
paradigmatic
confrontation
violations
members
academics
suggested
revise
doctrine
reflect
accurately
original
understanding
clause
see
lilly
breyer
concurring
white
thomas
joined
scalia
concurring
part
concurring
judgment
amar
constitution
criminal
procedure
friedman
confrontation
search
basic
principles
geo
offer
two
proposals
first
apply
confrontation
clause
testimonial
statements
leaving
remainder
regulation
hearsay
law
thus
eliminating
overbreadth
referred
second
impose
absolute
bar
statements
testimonial
absent
prior
opportunity
thus
eliminating
excessive
narrowness
referred
white
considered
first
proposal
rejected
although
analysis
case
casts
doubt
holding
need
definitively
resolve
whether
survives
decision
today
sylvia
crawford
statement
testimonial
definition
case
however
squarely
implicate
second
proposal
testimonial
statements
involved
think
framers
meant
leave
sixth
amendment
protection
vagaries
rules
evidence
much
less
amorphous
notions
reliability
certainly
none
authorities
discussed
acknowledges
general
reliability
exception
rule
admitting
statements
deemed
reliable
judge
fundamentally
odds
right
confrontation
sure
clause
ultimate
goal
ensure
reliability
evidence
procedural
rather
substantive
guarantee
commands
evidence
reliable
reliability
assessed
particular
manner
testing
crucible
clause
thus
reflects
judgment
desirability
reliable
evidence
point
little
dissent
reliability
best
determined
cf
blackstone
commentaries
open
examination
witnesses
much
conducive
clearing
truth
hale
history
analysis
common
law
england
adversarial
testing
beats
bolts
truth
much
better
roberts
test
allows
jury
hear
evidence
untested
adversary
process
based
mere
judicial
determination
reliability
thus
replaces
constitutionally
prescribed
method
assessing
reliability
wholly
foreign
one
respect
different
exceptions
confrontation
clause
make
claim
surrogate
means
assessing
reliability
example
rule
forfeiture
wrongdoing
accept
extinguishes
confrontation
claims
essentially
equitable
grounds
purport
alternative
means
determining
reliability
see
reynolds
raleigh
trial
involved
sorts
reliability
determinations
roberts
authorizes
face
raleigh
repeated
demands
confrontation
prosecution
responded
many
arguments
applying
roberts
might
invoke
today
cobham
statements
st
made
heat
passion
extracted
upon
hopes
promise
pardon
plausible
framers
objection
trial
raleigh
judges
properly
weigh
factors
sentencing
death
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judges
refused
allow
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confront
cobham
try
expose
accusation
lie
dispensing
confrontation
testimony
obviously
reliable
akin
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jury
trial
defendant
obviously
guilty
sixth
amendment
prescribes
legacy
roberts
courts
vindicates
framers
wisdom
rejecting
general
reliability
exception
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provide
meaningful
protection
even
core
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violations
reliability
amorphous
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concept
countless
factors
bearing
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statement
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test
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appeals
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see
people
farrell
test
whether
statement
deemed
reliable
depends
heavily
factors
judge
considers
much
weight
accords
courts
wind
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significance
opposite
facts
example
colorado
held
statement
reliable
inculpation
defendant
detailed
fourth
circuit
found
statement
reliable
portion
implicating
another
fleeting
photogrammetric
data
virginia
appeals
found
statement
reliable
witness
custody
charged
crime
thus
making
statement
obviously
penal
interest
see
nowlin
commonwealth
app
wisconsin
appeals
found
statement
reliable
witness
custody
suspect
see
state
bintz
wi
app
finally
colorado
one
case
found
statement
reliable
given
immediately
events
issue
farrell
supra
another
case
found
statement
reliable
two
years
elapsed
stevens
people
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vice
roberts
test
however
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capacity
admit
core
testimonial
statements
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clause
plainly
meant
exclude
despite
plurality
speculation
lilly
highly
unlikely
accomplice
confessions
implicating
accused
survive
roberts
courts
continue
routinely
admit
see
photogrammetric
data
supra
farrell
supra
stevens
supra
taylor
commonwealth
state
hawkins
wl
ohio
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supra
people
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app
state
jones
app
state
marshall
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app
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thomas
app
cf
nowlin
supra
witness
confessed
related
crime
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campbell
app
one
recent
study
found
lilly
appellate
courts
admitted
accomplice
statements
authorities
cases
time
kirst
appellate
answers
confrontation
questions
lilly
virginia
syracuse
rev
courts
invoked
roberts
admit
sorts
plainly
testimonial
statements
despite
absence
opportunity
see
aguilar
plea
allocution
showing
existence
conspiracy
centracchio
dolah
petrillo
moskowitz
gallego
papajohn
grand
jury
testimony
thomas
fed
appx
bintz
supra
prior
trial
testimony
state
mcneill
app
add
insult
injury
courts
admit
untested
testimonial
statements
find
reliability
factors
make
statements
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noted
earlier
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made
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interest
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rely
fact
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statement
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oath
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proceedings
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plea
allocution
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grand
jury
testimony
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statements
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setting
antidote
confrontation
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clause
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roberts
failings
full
display
proceedings
sylvia
crawford
made
statement
police
custody
potential
suspect
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indeed
told
whether
released
depend
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investigation
continues
app
response
often
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questions
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detectives
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lee
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claim
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state
relied
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defendant
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learn
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parte
testimony
admitted
criminal
defendant
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officers
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statement
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inscrutable
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kenny
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back
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lee
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claim
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crawford
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result
improbable
reveals
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constitution
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intended
constraint
judicial
discretion
moreover
reverse
washington
decision
conducting
reliability
analysis
perpetuate
avoid
sixth
amendment
condemns
constitution
prescribes
procedure
determining
reliability
testimony
criminal
trials
less
state
courts
lack
authority
replace
one
devising
doubt
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acting
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faith
found
reliability
framers
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officers
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people
likes
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lord
jeffreys
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distant
memory
loath
leave
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judicial
hands
cf
amdt
criminal
jury
trial
amdt
civil
jury
trial
ring
arizona
scalia
concurring
replacing
categorical
constitutional
guarantees
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tests
violence
design
vague
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assault
prosecutions
like
one
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toward
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charged
cases
like
raleigh
great
state
trials
impartiality
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levels
judiciary
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roberts
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wholly
consistent
framers
design
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hearsay
law
roberts
approach
exempted
statements
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evidence
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amendment
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law
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covers
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testimony
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jury
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admitted
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testimonial
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despite
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make
violation
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mine
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search
indicia
reliability
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statements
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indicium
reliability
sufficient
satisfy
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one
constitution
actually
prescribes
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judgment
washington
reversed
case
remanded
proceedings
inconsistent
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ordered
michael
crawford
petitioner
washington
writ
certiorari
washington
march
chief
justice
rehnquist
justice
joins
concurring
judgment
dissent
decision
overrule
ohio
roberts
believe
adoption
new
interpretation
confrontation
clause
backed
sufficiently
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overrule
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decision
casts
mantle
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future
criminal
trials
federal
state
courts
means
necessary
decide
present
case
distinction
testimonial
nontestimonial
statements
contrary
claim
better
rooted
history
current
doctrine
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law
although
courts
far
consistent
statements
made
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oath
unlike
ex
parte
depositions
affidavits
generally
considered
substantive
evidence
upon
conviction
see
king
brasier
leach
eng
see
also
langbein
origins
adversary
criminal
trial
gilbert
evidence
ed
testimonial
statements
accusatory
statements
police
officers
likely
disapproved
century
necessarily
resembled
ex
parte
affidavits
depositions
reasons
likely
made
see
king
woodcock
leach
eng
noting
statement
taken
justice
peace
may
admitted
evidence
unless
taken
oath
without
oath
one
usually
get
second
step
whether
confrontation
required
thus
agree
framers
mainly
concerned
sworn
affidavits
depositions
follow
similarly
concerned
broader
category
testimonial
statements
see
webster
american
dictionary
english
language
defining
testimony
solemn
declaration
affirmation
made
purpose
establishing
proving
fact
affirmation
judicial
proceedings
may
verbal
written
must
oath
emphasis
added
far
tell
unsworn
testimonial
statements
treated
differently
common
law
nontestimonial
statements
seems
classification
statements
testimonial
beyond
sworn
affidavits
depositions
somewhat
arbitrary
merely
proxy
framers
might
intended
evidence
liberally
admitted
substantive
evidence
like
therefore
see
reason
distinction
draws
preferable
precedent
starting
chief
justice
marshall
interpretation
circuit
justice
years
ratification
sixth
amendment
burr
cas
cc
continuing
cases
late
century
mattox
kirby
today
white
illinois
never
drawn
distinction
testimonial
nontestimonial
statements
matter
neither
aware
see
little
value
trading
precedent
imprecise
approximation
late
date
also
convinced
confrontation
clause
categorically
requires
exclusion
testimonial
statements
although
many
confrontation
clauses
recent
vintage
interpreted
regularity
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