1. The sixth amendment goes on to protect the right of the accused person on trial to confront witnesses who will give evidence to support a guilty verdict. The right is meant to be expended to those who for some reason didn’t /can’t show in court or at the time of the trial. The difficulty of this case Ohio v. Clark docket no. 13-1352 is the age of the …show more content…
However early on the courts decided that in earlier confrontation clauses cases that an “ongoing emergencies” are non-testimonial and can be presented at trail even if the information is not crossed examined. Although they were still looking to distinguish all “non-testimonial and testimonial statements” that have to be excluded unless the witnesses can/will take stand. 3. The court took action by defining and setting a stander for which the confrontation clause my applied. The Primary Purpose Test, The courts stated that not all statements admitted as evidence are testimonial. Testimony is the making of statements during a trail or procedure. If a statement was made with the intent of leading to prosecution it is testimony. On-testimonial statement is going to be a statement meant to lead to the handling of an ongoing emergency. In other words, if the primary purpose of a statement was not meant to lead to, or aid in, prosecution it can be introduced into trial without the person who made the statement being present in court to be cross examined and questioned.