Discussion
The Confrontation Clause of the Sixth Amendment (applicable to the States through the Fourteenth Amendment) provides: "In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." This right has a very specific purpose. The focus of the Clause is on getting the truth out of a witness, and allowing a trier of fact to determine whether the witness indeed told the truth. Even given these important goals, this right is not absolute.
Admission of out of court statements, therefore, is and has been possible. For over 20 years prior to Crawford, the controlling standard for admitting statements that unavailable witnesses made to other persons was that of Ohio v. Roberts. According to the Court in Roberts, if a witness is unavailable, that witnesses’ testimony can be admitted through a third person if it bears "adequate indicia of reliability". This was true if a statement fell within a "firmly rooted hearsay exception" or had "particularized guarantees of trustworthiness".
When Michael Crawford was accused of stabbing Kenneth Lee on August 5, 1999, the Roberts standard was still controlling law. Crawford and his wife, Sylvia, were questioned separately by police regarding a stabbing incident that had taken place at Lee’s home. The statements of the two were generally corroborating, but while Michael had claimed self-defense, Sylvia implied that Michael was not protecting himself when he stabbed Lee. At trial, the state moved to admit Sylvia’s statement under Roberts. The trial court admitted the evidence, "noting several reasons why it was trustworthy".
Read more about this topic: Crawford V. Washington
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