The audiotape could also be problematic for violating which of the following:
The trial of famous football star Oxford Jack Wilson, accused of killing his brother-in-law, is underway. Prosecutors, frustrated by a pre-trial decision that excluded their key DNA evidence, begin taking some risks. On direct examination, they ask a doctor the following question: “So when you read a report of DNA results from the night of the murder, you saw that the defendant’s DNA matched blood evidence at the scene, correct?” Next, while questioning a police officer on direct examination, the prosecutors play an audiotape of a phone conversation between Oxford Jack’s wife and her now-deceased brother. This audiotape includes the wife discussing fears that her husband might be a violent man. However, Oxford Jack’s wife is not actually able to appear in person because she has fled the country, fearing for her safety. Finally, during closing arguments, the prosecutor refers to Oxford Jack as a “monster both on and off the football field.” Answer the following questions about what has taken place in this trial.
a. The 6th Amendment, provided that it is considered testimonial evidence
b. The 6th Amendment, whether it is considered testimonial evidence or not
c. The 5th Amendment, whether it is considered testimonial evidence or not
d. The 8th Amendment, provided that it is considered testimonial evidence
Answer: A
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