Out-of-court statements are testimonial-and, therefore, are subject to the Confrontation Clause.

Question

Quizplus · Accepted Answer

Out-of-court statements are not automatically considered testimonial. The Confrontation Clause applies primarily to testimonial statements, and whether an out-of-court statement is considered testimonial depends on the context in which it was made, including the purpose of the statement and its formalness. Non-testimonial statements, such as those made during emergencies or for purposes other than legal proceedings, may not trigger the protections of the Confrontation Clause.

Out-Of-Court Statements Are Testimonial-And, Therefore, Are Subject to the Confrontation