The trial of famous football star Oxford Jack Wilson, accused of killing his brother-in-law, is underway. Prosecutors, frustrated by a pre-trial decision that excluded their key DNA evidence, begin taking some risks. On direct examination, they ask a doctor the following question: "So when you read a report of DNA results from the night of the murder, you saw that the defendant's DNA matched blood evidence at the scene, correct?" Next, while questioning a police officer on direct examination, the prosecutors play an audiotape of a phone conversation between Oxford Jack's wife and her now-deceased brother. This audiotape includes the wife discussing fears that her husband might be a violent man. However, Oxford Jack's wife is not actually able to appear in person because she has fled the country, fearing for her safety. Finally, during closing arguments, the prosecutor refers to Oxford Jack as a "monster both on and off the football field." Answer the following questions about what has taken place in this trial.
-The audiotape could also be problematic for violating which of the following:

Question

Quizplus · Accepted Answer

The audiotape could be problematic for violating the 6th Amendment if it is considered testimonial evidence because it would infringe on the defendant's right to confront witnesses against him, a key component of the Confrontation Clause within the 6th Amendment. Since Oxford Jack's wife is not available to testify in person and be cross-examined, using her statements from the audiotape could deny the defendant the opportunity to challenge the credibility of the evidence against him.

The Trial of Famous Football Star Oxford Jack Wilson, Accused