Testimonial hearsay violates 6th Amendment – Crawford v. Washington

In March of this year, the United States Supreme Court ruled that testimonial hearsay which might otherwise be deemed reliable may violate the 6th Amendment right of Confrontation unless the hearsay declarant is unavailable and was previously subject to cross-examination.

Thus, for example, testimonial hearsay in the form of an excited utterance in a domestic violence case that might be otherwise admissible under NJRE 803(c)(2) cannot be used if the hearsay declarant has not been subject to cross-examination.

Download a copy of Crawford v. Washington

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