CJUS 410 Discussion 3

Liberty CJUS 410 Discussion 3 Answers

Locate and read the U.S. Supreme Court case of Adrian Martell Davis v. Washington, 547 U.S. 813 (2006) No. 05-5224.

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 is able to 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” (NIV1984). In light of that Scripture, elaborate how you would change or not change your answer.
  • Provide at least 1 reference and 1 Scripture in support of your post.
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