Testimonial and Non-Testimonial Statements

Learn: Davis v. Washington, 547 U.S. 813, deem the following info:

After leaving a bar, a lady enters her car in a darkened parking garage. She is confronted by her ex-husband, in opposition to whom she has a home no-contact explain. She makes an attempt to dial 911 from her cell telephone but is unable to invent a connection. Amazingly, she will be able to grab a photograph along with her telephone and ship an accompanying text message, inquiring for assistance to a guidelines enforcement pal. The officer and girl alternate text messages about who’s assaulting her and the set she is positioned till the ex-husband flees. The girl is unable to occupy a study trial and the defendant moves to suppress the “statements” at his trial for criminal violation of the no-contact explain.

· Given the above info and the usage of the Court’s rationale for distinguishing “testimonial” and “non-testimonial” statements, affirm whether the text message and photograph desires to be admitted as proof at trial and why.

· Basically based mostly on Deuteronomy 19:15, “One notion just isn’t very ample to convict a man accused of any crime or offense he also can simply occupy committed. A topic also can simply collected be established by the testimony of two or three witnesses” (NIV 1984). In light of that scripture, elaborate how it’s doubtless you’ll maybe switch or not switch your resolution.

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