What about an emergency call into a dispatcher

Reference no: EM133287099

Case: Remember that this is usually only an issue if the "declarant" (victim in this case) is not testifying at trial. The statement in question will then be used (in part) to convict the defendant. This hinges in large part on whether the statement is "testimonial." If it is, it is probably inadmissible absent the ability to cross-examine the witness. Determining if a statement is testimonial depends in part on the "primary purpose" of the interrogation. Were the statements made or elicited with the primary purpose of creating or gathering evidence for prosecuting the defendant? The intent of the declarant is also important in these cases, as pointed out by the Court.

QUESTIONS: 1) Now change the facts from Ohio v Clark. A) What about an emergency call into a dispatcher? B) What about responses to a police officer questioning witnesses at a crime scene? Are these testimonial statements? Why or why not? (Consider each in turn but don't worry about getting the "right" answer. Just consider the readings and support your answers).

2) In your opinion, does it still make sense to adhere to the hearsay rule, or can/should modern juries figure this out on their own, sifting out potentially unreliable statements on a case-by-case basis? Why or why not?

Reference no: EM133287099

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