[20040719]RS21888_修改对抗条款：克劳福德诉华盛顿.pdf

1 U.S. CONSTITUTION, Amendment VI.2 124 S.Ct 1354 (2004).3 Hearsay is “a statement, other than one made by the declarant while testifying at the trial or(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21888July 19, 2004Confrontation Clause Reshaped: Crawford v. Washingtonname redactedLegislative AttorneyAmerican Law DivisionSummaryIn Crawford v. Washington, 124 S.Ct. 1354 (2004), the United States SupremeCourt held that to admit hearsay testimonial evidence in criminal prosecutions the SixthAmendment, the Confrontation Clause, requires that (1) the witness be unavailable and(2) the accused had a prior opportunity to cross-examine the witness. This decisionoverruled Ohio v. Roberts, 448 U.S. 56 (1980), where the Supreme Court had advanceda test requiring only that the statement from unavailable witnesses fall within a “firmlyrooted hearsay exception” or bore “particularized guarantees of trustworthiness” in orderto be admissible. In Crawford, the Court conducted an historical analysis of theConfrontation Clause concluding that a prior opportunity to cross-examine was anecessary condition for testimonia