CNMI Bar Practice Questions - Northern Mariana Islands Bar Examination Exam

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Under the Confrontation Clause of the Sixth Amendment, an out-of-court testimonial statement by a non-testifying witness is inadmissible against a criminal defendant unless:

The statement is reliable in the trial judge's view The statement was tape-recorded The prosecutor vouches for the statement The declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant

Correct Answer:

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

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