The Supreme Court has ruled that hearsay evidence poses no confrontation clause problem so long as two conditions are met. What are these conditions?

a. the out-of-court declarant is "unavailable" to testify at trial and there are multiple witnesses prepared to testify that the statement was made
b. the out-of-court declarant is "unavailable" to testify at trial and the statement can be empirically tested for reliability
c. the out-of-court declarant is deceased and the statement has "some indicia of reliability"
d. the out-of-court declarant is "unavailable" to testify at trial and the statement has "some indicia of reliability.".


d

Criminal Justice

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