Testimonial statements, she explained, are ones solemnly made to establish facts about past events.
If you are providing them with competitive advantage, a referral to a rival is unlikely, but in many cases clients are content to produce general testimonial statements – vital fodder for winning future business.
Still another exception is "the use of testimonial statements for purposes other than establishing the truth of the matter asserted".
"[W]hen the declarant appears for cross-examination at trial, the Confrontation Clause places no constraints at all on the use of his prior testimonial statements... so long as the declarant is present at trial to defend or explain it".
In Crawford v. Washington (2004), the Supreme Court held that the Confrontation Clause bars the "admission of testimonial statements of a witness who did not appear at trial" unless pursuant to one of the "exceptions established at the time of the founding".
The disclaimer must inform your customers that you may be publishing their quotes and names from the testimonial statements.
Second, the majority goes out of its way to assert "statements to persons other than law enforcement officers... are much less likely to be testimonial than statements to law enforcement officers" [emphasis added].
Testimonials and statements related to personal, family, or group experience can also be used as a form of evidence and may readily be shared among family members and friends.
While the report criticised Terry, it added there was a large body of testimonial evidence, including statements from black footballers, to suggest he is not a racist.
Physical evidence is often of critical importance to a criminal investigation because testimonial evidence, the statements provided by victims, suspects, and witnesses, is frequently incomplete and inaccurate (Saks and Koehler, 2005).
