Excited Utterance..

[Dlgdabalm]

What is the name of your state?Rhode Island

Is it rue that sense the supreme court ruled on crawford, that the state can no longer use writen statements or excitted utterances in prosecuting domestic violence cases, Because it violates a defendents 6th amendment right to confrontation?

 

[seniorjudge]

What is the name of your state?Rhode Island

Is it rue that sense the supreme court ruled on crawford, that the state can no longer use writen statements or excitted utterances in prosecuting domestic violence cases, Because it violates a defendents 6th amendment right to confrontation?

www.supremecourtus.gov/oral_arguments/argument_transcripts/02-9410.pdf

Start your homework assignment here.

 

[stealth2]

So what did your wife say or write?

 

[BelizeBreeze]

Since when did the U.S. Supreme Court state that yelling "OH BABY, YES, RIGHT THERE!!!" is a violation of the 6th amendment?

 

[seniorjudge]

Since when did the U.S. Supreme Court state that yelling "OH BABY, YES, RIGHT THERE!!!" is a violation of the 6th amendment?

It's NOT a violation of the sixth amendment.

It's what you yell when you're getting violated!

I hope that clears up things for you.

 

[Dlgdabalm]

Found my own answere...

As the U.S. Supreme Court so eloquently expressed, "[t]he Constitution proscribes a procedure for determining the reliability of testimony in criminal trials, and we, no less than the state courts, lack authority to replace it with one of our own devising." Crawford at 1373. As such, all use of spontaneous declarations and excited utterances absent an opportunity for cross-examination must be immediately declared unconstitutional and in violation of a defendant’s guaranteed Sixth Amendment right to confront the witnesses against him.

For those who were wondering ....

 

[casa]

As the U.S. Supreme Court so eloquently expressed, "[t]he Constitution proscribes a procedure for determining the reliability of testimony in criminal trials, and we, no less than the state courts, lack authority to replace it with one of our own devising." Crawford at 1373. As such, all use of spontaneous declarations and excited utterances absent an opportunity for cross-examination must be immediately declared unconstitutional and in violation of a defendant’s guaranteed Sixth Amendment right to confront the witnesses against him.

For those who were wondering ....

What the hell does that have to do with written statements?

 

[Dlgdabalm]

Lol...

Writen statements that are to be used as evidence at a trial are considered testimony, and lack the ability for cross examination, thus violating a defendents sixth ammendment right to confrontation..(are we clear now?)

saluki as for YOU thinking I am an idiot, LMAO, you disgust me as a parent, and people just need to read your two threads to figure out who the real IDIOT is.

 

[brisgirl825]

Well you beat your wife and she neglects her child...You both are disgusting.

 

[Dlgdabalm]

Come on Bris..

If I in fact beat my wife then why is SHE taking the fifth on the grounds that she will incriminate herself if she testifies, I am not affraid to get up there and tell what happened. You are pathetic, Go back to the stone age where people still think men are the only perps of DV retard.

"Bris: I punched my husband in the face five times but I will call the police because his face hurt my hand."

I used to see some wisdom in your words, now only stupidity.

 

[brisgirl825]

"Bris: I punched my husband in the face five times but I will call the police because his face hurt my hand."

I have never done and or said such a thing, in the above quote.

I also never said that your wife didn't attack you either. The fact remains that you still put your hands on her. You have no right to touch anybody w/o their permission.

I know of plenty of psycho women who attack thier husbands. I have never entertained the thought that only men beat people.

 

[Dlgdabalm]

Well you beat your wife and she neglects her child...You both are disgusting.

Where in asking about an "excited utterance" does it state I beat my wife? You automatically assumed I beat my wife there for that makes you bias as to your opinions on DV.

I do not lay hands on anyone, but in instances where one must defend off an attack I beg to differ with you as to "no right".

I would like to apologize for the retard comment, it was uncalled for and I am sorry...

 

[casa]

Writen statements that are to be used as evidence at a trial are considered testimony, and lack the ability for cross examination, thus violating a defendents sixth ammendment right to confrontation..(are we clear now?)

saluki as for YOU thinking I am an idiot, LMAO, you disgust me as a parent, and people just need to read your two threads to figure out who the real IDIOT is.

a "spontaneous declaration" is only that...spontaneous and a declaration. This defense is most used when someone spouts out something incriminating before they are read their Miranda Rights.

HOW is something you utter excitedly the same as a written declaration to the court?

 

[casa]

If I in fact beat my wife then why is SHE taking the fifth on the grounds that she will incriminate herself if she testifies, I am not affraid to get up there and tell what happened.

Why won't she just tell the truth? She's afraid of facing her own consequences. If this woman is guilty of DV...what the heck are you doing with her? Maybe it's time to seriously re-evaluate your relationship.

 

[Dlgdabalm]

This is a very grey area, Excited utterances are statements given to police in the investigation of a crime, while the victim is still under the stress or excitement of the event, from what I understand this could be in the form of a written or a verbal statement, depending on the time frame that the statement(s) were made.

I cannot disagree that my wife may have an anger management issue, but this is the first time it was ever brought to that level and I cannot see giving up on our relatioship for one instance.