State whether the text message and photograph be admitted

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Reference no: EM133737926

Discussion Post: Testimonial & Non Testimonial Statements

After completing Read: Davis v. Washington, 547 U.S. 813, assumes 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.

1) 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.

2) 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.

Reference no: EM133737926

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