What does the confrontation clause mean for defendants

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Reference no: EM133209900

Scenario 1 - After Suspect 2 (Brent Bailey) is arrested, he is placed in a cruiser for transport down to the local police precinct. While sitting in the cruiser, he did not realize the cruiser dash cam video is activated. As he sits there by himself, he says, "That damn Garcia got me in all this mess. Why did he have to shoot that guy?" Later on, the cruiser dash cam video is reviewed and his statement is discovered. It is turned over to the prosecutor's office who intends to use it at trial. The defense attorney files an objection based on a violation of Bailey's Fifth Amendment right against self-incrimination.

Scenario 2 - After Suspect 1, Hernando Garcia, is arrested and transported to the police precinct, Detective Lemon goes into the interview room where Garcia is sitting. Detective Lemon introduces himself and goes over a rights waiver form with Garcia. As Detective Lemon is going over the rights waiver form that explains Garcia's right to remain silent, his right to an attorney and his right to stop talking at any point in time, Garcia keeps falling asleep. When Detective Lemon gets to the part of the rights waiver form and inquires if Garcia used any drugs or alcohol in the last 6 hours, Garcia says that he has been smoking crack all day and drinking whisky, about a fifth of it. Garcia keeps putting his head down on the table and acting like he is going to fall asleep. Detective Lemon steps out of the room and asks Detective Chaney to bring Garcia a cup of coffee. When both detectives step back in the room, Garcia is slumped over the table. They wake him up and give him the coffee. When they ask if he wants to sign the form and talk, Garcia says yes. They ask him to read the rights waiver form out loud. Garcia's speech is slurred and he barely writes his name on the form. Detective Lemon asks Garcia what happened. Garcia provides a complete confession to the robbery and identified himself as the shooter. At several points during the talk, Garcia appears to fall asleep. At one point, Garcia says, "I think I should talk to a lawyer." Detective Lemon says, "They will get you a public defender soon, just keep talking to us." Garcia keeps talking. His statement is videotaped. It is turned over to Garcia's attorney who files a motion to suppress all of his statements based on his Fifth and Sixth Amendment rights.

Scenario 3 - After Hernando Garcia's (Suspect 1) DNA is found on Thelma Lou Sherman's purse, Detective Lemon issues a warrant for his arrest. One day at his office, Detective Lemon gets a call from a woman named Ginny Favor who tells him that she would bring Garcia to the precinct to turn himself into police. Detective Lemon says fine. About an hour later, Ms. Favor shows up with Garcia and he is processed through the ID Bureau and placed in an interview room. As Detective Lemon walks to the interview room, he sees Ms. Favor in the hallway. He stops to tell her that Garcia is going to be interviewed and then taken to jail. Detective Lemon asks her whether Garcia said anything to her. Ginny Favor says, "All he told me was that Bailey grabbed for the dude's wallet and they struggled and he (Garcia) ended up shooting the dude." This statement is written up on a police summary and turned over to the prosecutor's office. The prosecutor intends to call Ms. Favor to the witness stand to say what Garcia said to her. Favor and Garcia are married.

What does the confrontation clause mean for defendants during their trial?

Can testimony simply be read into the record for a jury or a judge to consider when the witness is available to testify?

What is the hearsay rule, and how does it impact what is said on the witness stand in front of a jury or judge during a trial?

What are some exceptions to the hearsay rule?

Reference no: EM133209900

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