Page 199 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Statements Made by Victims and Witnesses

Davis v. Washington, 547 U.S. 813 (2006). companion cases

Hammon v. Indiana, 547 U.S. 813 (2006).

Where a crime victim or witness refuses to testify at trial, non-

testimonial statements made by the victim or witness during the law

enforcement contact may be used against the defendant while
testimonial statements cannot be used.

Non-Testimonial: made in the course of police interview under
circumstances objectively indicating that the primary purpose of

interrogation is to enable police assistance to meet an ongoing

emergency. (i.e. frantic 911 call)

Testimonial: when the circumstances objectively indicate that there is

no such ongoing emergency, and that the primary purpose of the
interview is to establish or prove past events potentially relevant to

later criminal prosecution. (i.e. Officer gathering information at

scene).

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