Testimonial statements cannot be used against a defendant who is not given the opportunity to confront the.
Crawford v washington rule.
November 10 2003 decided.
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Crawford was charged with attempted murder and assault of a man who he alleged tried to rape his wife.
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Washington the court radically revamped the.
The sixth amendment s confrontation clause provides that i n all criminal prosecutions the accused shall enjoy the right.
Petitioner was tried for assault and attempted murder.
Because it was pre recorded crawford could not cross examine the statement.
36 2004 is a united states supreme court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the confrontation clause of the sixth amendment the court held that cross examination is required to admit prior testimonial statements of witnesses who have since become unavailable.
W here testimonial statements are at issue the only indicium of reliability sufficient to satisfy constitutional demands is confrontation facts.
Petitioner stabbed a man who allegedly tried to rape hi.
Statement of the facts.
Petitioner was tried for assault and attempted murder.
The jury convicted crawford for assault.
Certiorari to the supreme court of washington.
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The court permitted the tape recorded statement into evidence.
The state sought to introduce a recorded statement that petitioner s wife sylvia had made during police interrogation as evidence that the stabbing was not in self defense.
2d 424 54 p 3d 656 reversed and remanded.
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36 2004 147 wash.
36 2004 united states supreme court case facts key issues and holdings and reasonings online today.
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The statement contradicted crawford s argument that he stabbed the man in defense of his wife.
During crawford s trial prosecutors played for the jury his wife s tape recorded statement to the police describing the stabbing.
To be confronted with the witnesses against him 1 this protection applies to the states by way of the fourteenth amendment 2 3in crawford v.
The prosecution tried to introduce a recorded statement by crawford s wife where she described the stabbing.