This question should be answered using three IRAC structures. Please include all key words in your answer.
Danny crashes a stolen car and is charged with grand theft auto. A police officer investigates the scene immediately after the collision. At Danny’s trial, the prosecution calls the officer to testify that, while law enforcement was still searching for the driver of the stolen car, a bystander identified the driver as a man with a heart tattoo and black hair. The officer also testifies that, several hours after the collision, the bystander gave the same statement at the police station. The prosecution offers a transcript of the bystander’s grand jury testimony in which the bystander gave the same statement. However, the bystander cannot be called as a witness at Danny’s trial due to unavailability.
Does the prosecution’s evidence violate the Confrontation Clause?
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Hint
To answer this question, you should think about and discuss when the Confrontation Clause excludes an out-of-court statement as hearsay, and whether those conditions are present here.
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Testimony to Bystander's Statement
Police Officer's Testimony
Grand Jury Transcript
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