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Federal Evidence • Confrontation Clause
EVID#123
Legal Definition
Statements are testimonial where the primary purpose of an interrogation is to establish or prove past events potentially relevant to a later criminal investigation. Examples include affidavits, certificates, and other written reports summarizing findings of forensic evidence.
However, statements made during an ongoing emergency are not considered testimonial, even if they otherwise would be.
However, statements made during an ongoing emergency are not considered testimonial, even if they otherwise would be.
Plain English Explanation
When we talk about something being "testimonial in nature" in a legal sense, we're referring to any statement or piece of evidence that was specifically made or collected with the idea that it would be used in court or in the investigation of a crime. Imagine you're watching a detective show, and someone is giving their account of events to the police, knowing full well that what they say could help solve the case. That's essentially what we mean by "testimonial." But if a statement was made during an ongoing emergency, like a 911 call about an active crime, then even if it's relevant to a later case, it is not testimonial because the purpose was to get help in the moment. The emergency exception acknowledges that priorities are different in the heat of the moment versus later criminal proceedings.
Hypothetical
Hypo 1: Bob calls 911 because he sees someone breaking into Sam's house. During the call, Bob describes what's happening as he sees it. Result: Bob's statements during the 911 call are not considered testimonial because they are made during an ongoing emergency, focusing on ensuring immediate help rather than proving facts for a future crime investigation. Note that this would also be an example of a "present sense impression."
Hypo 2: After the break-in at Sam's house, Bob is interviewed by the police. He provides a detailed account of what he saw, which is written down by an officer. Result: Bob's written statement given after the emergency has ended is considered testimonial because its primary purpose is to establish facts for a potential criminal investigation, making it formal evidence that could be used in court.
Hypo 3: During a court case, a letter written by Bob before the incident, describing concerns about suspicious activities around Sam's house, is presented. Result: Bob's letter is testimonial because it was created outside of an emergency situation, with the intention of documenting observations that could be relevant to investigating potential crimes.
Hypo 2: After the break-in at Sam's house, Bob is interviewed by the police. He provides a detailed account of what he saw, which is written down by an officer. Result: Bob's written statement given after the emergency has ended is considered testimonial because its primary purpose is to establish facts for a potential criminal investigation, making it formal evidence that could be used in court.
Hypo 3: During a court case, a letter written by Bob before the incident, describing concerns about suspicious activities around Sam's house, is presented. Result: Bob's letter is testimonial because it was created outside of an emergency situation, with the intention of documenting observations that could be relevant to investigating potential crimes.
