Constitutional Law
Mar. 9, 2011
The Admissibility of Dying Declarations and the Constitution
A recent ruling by the U.S. Supreme Court makes it easier for prosecutors to submit dying declarations as evidence at trial. By Wendy L. Patrick of the San Diego district attorney's office.
A mortally wounded man lying in a gas station parking lot tells responding police officers he has been shot, and then names the shooter and describes the location of the crime. When he later dies, will his dying declarations be admissible in court? On Feb. 28, the U.S. Supreme Court handed down a 6-2 decision that makes an affirmative answer more likely. The case is Michigan v. Bryant and it dealt with using the statements of a dying ma...
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