CT Bar Practice Questions - Connecticut Bar Examination Exam

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In a federal criminal trial, the prosecution offers a forensic analyst's lab report against the defendant without calling the analyst to testify. The defendant objects on Confrontation Clause grounds. Under Crawford v. Washington and its progeny, how should the court rule?

Admit the report, because lab reports are not testimonial Admit it because the Confrontation Clause applies only to live witnesses Exclude the testimonial report unless the analyst testifies or the defendant had a prior opportunity to cross-examine Exclude all documentary evidence in criminal cases

Correct Answer:

Exclude the testimonial report unless the analyst testifies or the defendant had a prior opportunity to cross-examine

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