DC Bar Practice Questions - District Of Columbia Bar Examination Exam

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At trial, the prosecution offers a hearsay statement made by an unavailable witness. The statement was made to police during an interrogation about a past crime. Under Crawford v. Washington, admitting this statement violates the Confrontation Clause unless:

The defendant had a prior opportunity to cross-examine the declarant The statement is non-testimonial The statement falls within a firmly rooted hearsay exception The judge finds the statement reliable

Correct Answer:

The defendant had a prior opportunity to cross-examine the declarant

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