MN Bar Practice Questions - Minnesota Bar Examination Exam

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The prosecution in a criminal case offers a testimonial out-of-court statement of a witness who does not testify and was never subject to cross-examination. What constitutional rule applies?

The statement is admissible if it is reliable The statement is always admissible as a party admission The statement is barred by the Confrontation Clause under Crawford v. Washington unless the witness is unavailable and the defendant had a prior opportunity to cross-examine The Confrontation Clause does not apply to out-of-court statements

Correct Answer:

The statement is barred by the Confrontation Clause under Crawford v. Washington unless the witness is unavailable and the defendant had a prior opportunity to cross-examine

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