Page 196 - Original 2020 Legal Guide By Jack Ryan

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).

©2020 Jack Ryan Legal & Liability Risk Management Institute 195