was unavailable. Associate Justice Antonin Scalia, writing for the majority, expressed concern over the inconsistent results reached by courts under Ohio v. Roberts, the standard used by the Washington state courts. He thought the Crawford decisions of the various levels of Washington state courts epitomized this problem. Justice Scalia gave a thorough history of the Confrontation Clause, explaining how the Clause became part of the Constitution using famous English cases, such as that of Sir Walter Raleigh. He then described the context in which the Constitutional Framers drafted the clause, and displayed how early American courts interpreted the clause. This history, Scalia concluded, clearly shows that the Confrontation Clause was directed at keeping "ex parte" examinations out of the evidentiary record. Specifically, the Confrontation Clause applies to "witnesses" against the accused, meaning those who "bear testimony." Relying on this and the historical record, Scalia stated, "the Framers would not have allowed admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination." Scalia determined that a prior opportunity for cross-examination was mandatory, and dispositive of whether or not testimonial statements of an unavailable witness are admissible. Testimonial statements are formal declarations, i.e., those made to law enforcement or government personnel. "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty." The Crawford Court determined that where non-testimonial statements are involved, the Confrontation Clause allows a court to use its discretion to determine the reliability of the statements. "Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination. . . . [T]he only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation." Concurrence Chief Justice William Rehnquist concurred in the result, but would have decided the case on narrower grounds, within the older Roberts framework. Rehnquist, joined by O'Connor, stated he would not have expanded the right of defendants to exclude out-of-court statements on the basis that they could not confront the witness. Subsequent developments This decision had an immediate, profound effect upon the ability of prosecutors to prove their cases through the use of evidence that had previously been admissible via various exceptions to the hearsay rule. Justice Scalia's opinion explicitly