After completing Read: Davis v. Washington, 547 U.S. 813, assume the following facts:
After leaving a bar, a woman enters her car in a darkened parking garage. She is confronted by her ex-husband, against whom she has a domestic no-contact order. She attempts to dial 911 from her cellular telephone but is unable to make a connection. Amazingly, she can take a photograph with her phone and send an accompanying text message, asking for assistance to a law enforcement friend. The officer and woman exchange text messages about who is assaulting her and where she is located until the ex-husband flees. The woman is unable to appear at trial and the defendant moves to suppress the “statements” at his trial for felony violation of the no-contact order.
- Given the above facts and using the Court’s rationale for distinguishing “testimonial” and “non-testimonial” statements, state whether the text message and photograph should be admitted as evidence at trial and why.
- According to Deuteronomy 19:15, “One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses” (NIV 1984). In light of that scripture, elaborate how you would change or not change your answer.
CJUS 410
Discussion Assignment Instructions
You will complete 4 Discussions in this course. You will post one thread of at least 300 words by 11:59 p.m. (ET) on Thursday day of the assigned Module: Week. You must then post 2 replies of at least 150 words by 11:59 p.m. (ET) on Monday of the assigned Module: Week. For each thread, you must support your assertions with at least 1 scholarly citation in APA format and 1 biblical citation. Each reply must incorporate at least 1 scholarly citation in APA format. Any sources cited must have been published within the last five years. Acceptable sources include scholarly journals (not the textbook but should include the Bible, etc.).