Dying Declaration

[CtJezter]

Dying Declaration -- Need an answer

state of hawaii - taking course on criminology and got a question the teacher couldn't answer.
if someone is dying and the officer tells them they are dying they sometimes decide to make declarations such as "I killed him" or "John Doe shot me." These declarations may be used in court if the victim dies, if the victim lives then the declaration is unusable and they must testify in order for that declaration to be revealed.
The question is, what if someone makes a dying declaration, does not die, but suffers brain damage or injury that makes it impossible for them to testify to what was declared? Is it possible to still use the declaration in court? Thanks. J.

 

[CtJezter]

i'd just like to add that i really need answers to these questions. even if you could point me in the right direction it would help. thanx again

 

[I AM ALWAYS LIABLE]

My response:

Dying Declaration:

Admissibility presupposes the declarant actually died (dying person's statement "respecting the cause and circumstances of his death . . .").

If, despite the sincere belief in impending death, the declarant ultimately recovers, the statute regarding "dying declaration" is not applicable (but the evidence may still be admissible as substantive proof under another hearsay exception--e.g., as a "spontaneous declaration"). The statement must relate to the "cause and circumstances" of the declarant's death.

If, at the time of injury, the person has a belief that death is imminent, but later recovers, and is determined later to be "incompetent" to testify, then the statement may be admitted as an exception to the hearsay rule as an "excited utterance."

IAAL