Any ideas on how Crawford relates to the admissibility of dying declarations if the victim is making the declaration to a police officer?

Thanks!
Lytza

Lytza Rojas

Dying declarations are excempt from the Confrontation Clause. See Giles v. California, 128 S.Ct. 2678, 2682 (2008). (Also see Crawford at 56 n.6.) It doesn't matter who the statement was made to.

Dying Declarations are not changed by Crawford. Those are one of the few historic types of hearsay that have long been accepted as reliable and admissible without the presence of the declarant.

For the obvious reason that most dying declarations are followed by ... death.