Expanding the Confrontation Clause and Testimonial Hearsay Statements

Abstract

In its 2010 term, the U.S. Supreme Court elaborated on law enforcement procedures in their decision of Michigan v. Bryant (2011) by analyzing the Sixth Amendment’s Confrontation Clause regarding statements obtained by police officers during an initial investigation. The court examined the statement of a mortally wounded victim who, before dying, identified the shooter as well as the location of the shooting. In a 6-2 decision the court held that a statement given to police by a wounded crime victim identifying the person who shot him may be admitted as evidence at the trial if the victim dies before trial and thus does not appear. Because the primary purpose of the interrogation was to enable police to deal with an ongoing emergency, the statements resulting from that interrogation were nontestimonial and could be admitted without violating the Confrontation Clause.