Case

Crawford v. Washington

Answer: Crawford v. Washington. In 541 U.S. 36 (2004), the Court overruled Ohio v. Roberts’s reliability test for the Confrontation Clause and held that testimonial statements offered for their truth are admissible only if the declarant is unavailable and the defendant had a prior opportunity to cross‑examine. Nontestimonial hearsay remains governed by evidence law.

Rule to remember

Crawford v. Washington, 541 U.S. 36 (2004): The Sixth Amendment Confrontation Clause bars admission of testimonial statements offered for their truth unless the declarant is unavailable and the defendant had a prior opportunity to cross‑examine. The decision rejected Ohio v. Roberts’s reliability framework and refocused the inquiry on confrontation. Nontestimonial hearsay is left to ordinary evidence rules.

Key elements and checks

In the source’s words

“Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination.”

CRAWFORD V. WASHINGTON (opinion)

Application varies at the margins across states (e.g., treatment of emergency calls, certificates, and similar records) until bounded by later U.S. Supreme Court decisions, though all must follow the federal constitutional standard announced in Crawford.

Sources