Crawford v. Washington
Encyclopedia
Crawford v. Washington, 541 U.S. 36 (2004), is a United States Supreme Court
decision that reformulated the standard for determining when the admission of hearsay
statements in criminal cases is permitted under the Confrontation Clause
of the Sixth Amendment
. The Court held that cross-examination is required to admit prior testimonial statements
of witnesses that have since become unavailable.
Mrs. Crawford. Michael Crawford stabbed Lee in the torso. Crawford claimed he had acted in self-defense
when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him.
Both Mr. and Mrs. Crawford were questioned by police
after receiving a Miranda warning
. Mr. Crawford said to the police that he was not sure if Mr. Lee had a weapon, but that Crawford believed at the time that Lee did. Mrs. Crawford, being interrogated separately, at first said that she had not seen the attack, but under further questioning said that she had seen the attack and that Lee was not holding a weapon.
, Mrs. Crawford could not be compelled to testify by the state, since under Washington's spousal privilege
law, a spouse cannot testify in court without the defendant spouse's consent (except when a spouse is a complainant).
The deputy prosecutor, Robert Lund, sought to introduce Mrs. Crawford's statement to the police as evidence that Mr. Crawford had no reasonable belief that he was in danger from Mr. Lee. Generally, out-of-court statements by persons other than the accused are excluded as hearsay
. Here the court allowed the statement to be admitted on the basis that the statement was reliable, as it was partially corroborated by Mr. Crawford's statement to police.
Defense counsel objected to the admission of the wife's statement, on the ground that Mr. Crawford would be unable to confront (i.e. cross-examine) Mrs. Crawford on her statement without waiving spousal privilege, and that this would be a violation of the Confrontation Clause of the Sixth Amendment.
The statement was allowed into evidence at the trial, and the prosecution relied on it heavily in its closing argument
.
The Washington Court of Appeals
overturned the decision of the trial court. After applying a nine-factor test to determine whether Sylvia’s statement was reliable, and therefore admissible under the doctrine of Ohio v. Roberts
, the court determined it was not, and gave several reasons why.
However, the Washington Supreme Court
reinstated the conviction, ruling that the witness's statement was reliable under Roberts. In particular, the court noted that Michael and Sylvia Crawford's statements interlocked, and therefore concluded that Sylvia’s statements were admissible.
The United States Supreme Court granted certiorari
(i.e., agreed to hear the case).
Admission of out of court statements, therefore, is and has been possible. For over 20 years prior to Crawford, the controlling standard for admitting statements that unavailable witnesses made to other persons was that of Ohio v. Roberts. According to the Roberts Court, if a witness is unavailable, that witnesses’ testimony can be admitted through a third person if it bears "adequate indicia of reliability". This was true if a statement fell within a "firmly rooted hearsay exception" or had "particularized guarantees of trustworthiness".
When Michael Crawford was accused of stabbing Kenneth Lee on August 5, 1999, the Roberts standard was still controlling law. Crawford and his wife, Sylvia, were questioned separately by police regarding a stabbing incident that had taken place at Lee’s home. The statements of the two were generally corroborating, but while Michael had claimed self-defense, Sylvia implied that Michael was not protecting himself when he stabbed Lee. At trial, the state moved to admit Sylvia’s statement under Roberts. The trial court admitted the evidence, "noting several reasons why it was trustworthy".
Associate Justice Antonin Scalia, writing for the majority, expressed concern over the inconsistent results reached by courts under Ohio v. Roberts, the standard used by the Washington state courts. He thought the results of the Crawford decisions at the various levels of Washington state courts exemplary of this problem. Justice Scalia gave a thorough history of the Confrontation Clause, explaining how the Clause became part of the Constitution using famous English cases such as that of Sir Walter Raleigh
. He then described the context in which the Constitutional Framers drafted the clause, and displayed how early American courts interpreted the clause.
This history, Scalia concluded, clearly shows that the Confrontation Clause was directed at keeping "ex parte" examinations out of the evidentiary record. Specifically, the Confrontation Clause applies to "witnesses" against the accused, meaning "those who 'bear testimony'". Relying on this and the historical record, Scalia stated, "the Framers would not have allowed admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination." Scalia determined that a prior opportunity for cross-examination was mandatory, and dispositive of whether or not testimonial statements of an unavailable witness are admissible. Testimonial statements are formal declarations, i.e. those made to law enforcement or government personnel. "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty."
The Crawford Court determined that where non-testimonial statements are involved, the Confrontation Clause allows a court to use its discretion to determine the reliability of the statements. "Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination... . [T]he only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation."
William Rehnquist
concurred in the result, but would have decided the case on narrower grounds, within the older Roberts framework. Rehnquist, joined by O'Connor, stated he would not have expanded the right of defendants to exclude out-of-court statements on the basis that they could not confront the witness.
Legal scholars' main criticism of the decision was its failure to define "testimonial". One of the main areas in which lower courts struggled to resolve this issue was the use of 911 calls during the course of trial where the caller is not available to testify. This was the factual situation in Davis v. Washington
, in which the Court laid out a definition of "testimonial." Other cases have dealt with the issue of the previously common practice of admitting certain types of certified documents under the business records or public records exception to the hearsay rule.
Crawford, and the decisions following it, also radically changed the handling of domestic violence cases by curtailing evidence-based prosecution
, a common practice allowing the accused to be prosecuted without the participation of their accusers in the criminal court process. Evidence-based prosecution relies heavily on admission of statements under hearsay exceptions to reproduce the evidentiary effect of a victim testifying in court. The Crawford Court's decision renders most of these statements inadmissible without the accuser coming to court and testifying against the person he is accusing.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that reformulated the standard for determining when the admission of hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
statements in criminal cases is permitted under the Confrontation Clause
Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are...
of the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
. The Court held that cross-examination is required to admit prior testimonial statements
of witnesses that have since become unavailable.
Factual background
Michael Crawford and his wife Sylvia Crawford confronted Kenneth Lee over an allegation that Lee had attempted to rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
Mrs. Crawford. Michael Crawford stabbed Lee in the torso. Crawford claimed he had acted in self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him.
Both Mr. and Mrs. Crawford were questioned by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
after receiving a Miranda warning
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
. Mr. Crawford said to the police that he was not sure if Mr. Lee had a weapon, but that Crawford believed at the time that Lee did. Mrs. Crawford, being interrogated separately, at first said that she had not seen the attack, but under further questioning said that she had seen the attack and that Lee was not holding a weapon.
Trial proceeding
At trialTrial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, Mrs. Crawford could not be compelled to testify by the state, since under Washington's spousal privilege
Spousal privilege
In the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
law, a spouse cannot testify in court without the defendant spouse's consent (except when a spouse is a complainant).
The deputy prosecutor, Robert Lund, sought to introduce Mrs. Crawford's statement to the police as evidence that Mr. Crawford had no reasonable belief that he was in danger from Mr. Lee. Generally, out-of-court statements by persons other than the accused are excluded as hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
. Here the court allowed the statement to be admitted on the basis that the statement was reliable, as it was partially corroborated by Mr. Crawford's statement to police.
Defense counsel objected to the admission of the wife's statement, on the ground that Mr. Crawford would be unable to confront (i.e. cross-examine) Mrs. Crawford on her statement without waiving spousal privilege, and that this would be a violation of the Confrontation Clause of the Sixth Amendment.
The statement was allowed into evidence at the trial, and the prosecution relied on it heavily in its closing argument
Closing argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence...
.
Procedural history
Michael Crawford was convicted.The Washington Court of Appeals
Washington Court of Appeals
The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane....
overturned the decision of the trial court. After applying a nine-factor test to determine whether Sylvia’s statement was reliable, and therefore admissible under the doctrine of Ohio v. Roberts
Ohio v. Roberts
Ohio v. Roberts, 448 U.S. 56 , is a United States Supreme Court decision dealing with the Confrontation Clause of the Sixth Amendment to the United States Constitution.- Factual background :...
, the court determined it was not, and gave several reasons why.
However, the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
reinstated the conviction, ruling that the witness's statement was reliable under Roberts. In particular, the court noted that Michael and Sylvia Crawford's statements interlocked, and therefore concluded that Sylvia’s statements were admissible.
The United States Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
(i.e., agreed to hear the case).
Discussion
The Confrontation Clause of the Sixth Amendment (applicable to the States through the Fourteenth Amendment) provides: "In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." This right has a very specific purpose. The focus of the Clause is on getting the truth out of a witness, and allowing a trier of fact to determine whether the witness indeed told the truth. Even given these important goals, this right is not absolute.Admission of out of court statements, therefore, is and has been possible. For over 20 years prior to Crawford, the controlling standard for admitting statements that unavailable witnesses made to other persons was that of Ohio v. Roberts. According to the Roberts Court, if a witness is unavailable, that witnesses’ testimony can be admitted through a third person if it bears "adequate indicia of reliability". This was true if a statement fell within a "firmly rooted hearsay exception" or had "particularized guarantees of trustworthiness".
When Michael Crawford was accused of stabbing Kenneth Lee on August 5, 1999, the Roberts standard was still controlling law. Crawford and his wife, Sylvia, were questioned separately by police regarding a stabbing incident that had taken place at Lee’s home. The statements of the two were generally corroborating, but while Michael had claimed self-defense, Sylvia implied that Michael was not protecting himself when he stabbed Lee. At trial, the state moved to admit Sylvia’s statement under Roberts. The trial court admitted the evidence, "noting several reasons why it was trustworthy".
Supreme Court decision and rationale
The United States Supreme Court held that the use of the spouse's recorded statement made during police interrogation violated the defendant's Sixth Amendment right to be confronted with the witnesses against the defendant where the spouse, because of the state law marital privilege, did not testify at the trial and so was unavailable.Associate Justice Antonin Scalia, writing for the majority, expressed concern over the inconsistent results reached by courts under Ohio v. Roberts, the standard used by the Washington state courts. He thought the results of the Crawford decisions at the various levels of Washington state courts exemplary of this problem. Justice Scalia gave a thorough history of the Confrontation Clause, explaining how the Clause became part of the Constitution using famous English cases such as that of Sir Walter Raleigh
Walter Raleigh
Sir Walter Raleigh was an English aristocrat, writer, poet, soldier, courtier, spy, and explorer. He is also well known for popularising tobacco in England....
. He then described the context in which the Constitutional Framers drafted the clause, and displayed how early American courts interpreted the clause.
This history, Scalia concluded, clearly shows that the Confrontation Clause was directed at keeping "ex parte" examinations out of the evidentiary record. Specifically, the Confrontation Clause applies to "witnesses" against the accused, meaning "those who 'bear testimony'". Relying on this and the historical record, Scalia stated, "the Framers would not have allowed admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination." Scalia determined that a prior opportunity for cross-examination was mandatory, and dispositive of whether or not testimonial statements of an unavailable witness are admissible. Testimonial statements are formal declarations, i.e. those made to law enforcement or government personnel. "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty."
The Crawford Court determined that where non-testimonial statements are involved, the Confrontation Clause allows a court to use its discretion to determine the reliability of the statements. "Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination... . [T]he only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation."
Concurrence
Chief JusticeChief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
concurred in the result, but would have decided the case on narrower grounds, within the older Roberts framework. Rehnquist, joined by O'Connor, stated he would not have expanded the right of defendants to exclude out-of-court statements on the basis that they could not confront the witness.
Effect of the decision
This decision had an immediate, profound effect upon the ability of prosecutors to prove their cases through the use of evidence that had previously been admissible via various exceptions to the hearsay rule. Justice Scalia's opinion explicitly states that any out-of-court statement that is "testimonial" in nature is not admissible, unless the declarant is unavailable to testify in court, and the defendant has had a prior opportunity to cross-examine him or her. However, the opinion does not define "testimonial", which has allowed courts across the country to determine that issue for themselves.Legal scholars' main criticism of the decision was its failure to define "testimonial". One of the main areas in which lower courts struggled to resolve this issue was the use of 911 calls during the course of trial where the caller is not available to testify. This was the factual situation in Davis v. Washington
Davis v. Washington
Davis v. Washington, 547 U.S. 813 , was a case decided by the Supreme Court of the United States holding that hearsay statements made in a 9-1-1 call asking for aid were not "testimonial" in nature and thus their introduction at trial did not violate the Confrontation Clause as defined in Crawford v...
, in which the Court laid out a definition of "testimonial." Other cases have dealt with the issue of the previously common practice of admitting certain types of certified documents under the business records or public records exception to the hearsay rule.
Crawford, and the decisions following it, also radically changed the handling of domestic violence cases by curtailing evidence-based prosecution
Evidence-based prosecution
Evidence-based prosecution refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim...
, a common practice allowing the accused to be prosecuted without the participation of their accusers in the criminal court process. Evidence-based prosecution relies heavily on admission of statements under hearsay exceptions to reproduce the evidentiary effect of a victim testifying in court. The Crawford Court's decision renders most of these statements inadmissible without the accuser coming to court and testifying against the person he is accusing.