Testimonial and non-testimonial statements
The defendant has the right to move to court and propose a motion to suppress hearing. A motion to suppress hearing in a court appearance where the plaintiff and the defendant can argue whether the evidence presented in the court against the defendant should be thrown out or whether it can stand depending on the defendant’s constitutional rights. If the defendant’s rights are violated, the suppress motion is passed through. The confrontational clause of the sixth amendment provides “In all prosecutions the accused shall enjoy the right…. to be confronted with witnesses against him” the plaintiff can confront the evidence exhibited in the court of law in three different ways that include the defendant’s right to be present, both physically and mentally, the defendant’s right to live testimony and the right to challenge witness testimony segment of the confrontation clause.
In Crawford vs. Washington, 541 U.S 36 (2004), the Supreme Court stated that a testimonial statement is only admissible when the plaintiff of the person who made the declaration in not available and the defendant had had an early…………………………………..