The Case Of Prosecutors Call Victimless Prosecutions Essay

The Case Of Prosecutors Call Victimless Prosecutions Essay

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This case presents a precedent of a recent practice that prosecutors call victimless prosecutions. The trademark of such cases is not that they lack a victim, but rather that they lack any in-court testimony from a victim. Prosecutors seek to prove the defendants’ guilt notably by means of out-of- court accusations; namely, reports people make right after alleged crimes to police or other personnel associated with law enforcement. The question this case presents is how Crawford applies to a victimless prosecution based essentially on statements reporting a crime to a 911 operator.
The Supreme Court appropriated its “primary purpose” test to determine whether McCottry’s statements made during the 911 call constituted testimonial statements for purposes of the Confrontation Clause (Breitenbach, 2008). Highlighting four primary bases, the Supreme Court distinguished the interrogation in Davis from that of Crawford; thereby, contrasting the nature of the statements made in each. The court determined that McCottry was not describing past events, rather immediate current events in a frantic tone which made it apparent that she was not in a safe environment. Ultimately, the court determined that McCottry’s intention was to enable assistance to law enforcement to meet with an on-going emergency; thus, her statements during the initial portion of the 911 call were, therefore, deemed to be nontestimonial: No ‘witness’ goes to court to proclaim an emergency and seek help” (Breitenbach,, 2008).
I am of the opinion that in addition to the 911 call, the text message and the photograph should admissible on the basis that although McCottry may not be present in body, she was there. I concede with the prosecutions argument:
And if you really, t...


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The hearsay rule and the Confrontation Clause were designed to protect separate values, and, although both doctrines require a similar factual analysis, each rule must be considered individually in order to ensure both evidentiary accuracy and constitutional protection against prosecutorial abuse (Breitenbach, 2008). Davis v. Washington improves upon Crawford by providing courts with objective means for determining whether or not a statement made out-of-court statement sparks the Confrontation Clause. It does so by moving the lower courts ' inquiry away from the subjective mental state of the declarant and toward an objective view of the circumstances in which the statement was made. This approach will provide courts with something close to a bright-line rule, which will tend to produce more consistent results across jurisdictions. (Breitenbach, 2008).

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