Crawford Error

Crawford Error refers to a violation of the Sixth Amendment right to confrontation where the prosecution introduces "testimonial" out-of-court statements against the defendant and where there has been no prior opportunity of cross-examination. The term “Crawford Error” comes from the U.S. Supreme Court case entitled: Crawford v. Washington (2004) 541 U.S. 36. Crawford overruled Ohio v. Roberts 448 U.S. 56, 65 (1980), which set forth the "indicia of reliability" test – a test that allowed such statements if they were reliable.