Under confrontation clause principles, grand jury testimony is generally considered:

• A. Testimonial
• B. Non-testimonial
• C. Hearsay not within an exception
• D. Not admissible without a witness

Answer: (A)

Under the Confrontation Clause, statements are categorized as testimonial or non-testimonial. Grand jury testimony is generally testimonial because it is given under oath in a formal investigative setting whose purpose is to gather evidence for a criminal prosecution, with the expectation that the witness could be cross-examined later at trial. Therefore it falls under the confrontation clause protection, meaning it may be admitted at trial only if the declarant is unavailable and there was an opportunity to cross-examine, or if another exception applies. Non-testimonial would apply to more casual or non-prosecutorial contexts, and labeling it as hearsay not within an exception or as not admissible without a witness is not the proper categorization for Confrontation Clause purposes.