domestic no-contact order
After leaving a bar, a woman enters her car in a darkened parking garage. She is confronted by her ex-husband, against whom she has a domestic no-contact order. She attempts to dial 911 from her cellular telephone, but is unable to make a connection. Amazingly, she is able to take a photograph with her phone and send an accompanying text message, asking for assistance to a law enforcement friend. The officer and woman exchange text messages about who is assaulting her and where she is located until the ex-husband flees. The woman is unable to appear at trial and the defendant moves to suppress the “statements” at his trial for felony violation of the no-contact order.
Given the above facts, and using the Court’s rationale for distinguishing “testimonial” and “non-testimonial” statements, state whether the text message and photograph should be admitted as evidence at trial and why.
According to Deuteronomy 19:15, “One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses” (NIV 1984). In light of that scripture, elaborate how you would change or not change your answer.
Provide at least 1 reference and 1 scripture in support of your post.
CJUS 410 DB#4
Discussion Board Forum 4
Each of the scriptures below concern a given criminal procedure topic. All scriptures are from the New International Version, 1984. Begin this assignment by meditating on the given scriptures. You may even want to pray about them. Psalm 119:18 recommends this prayer: “Open my eyes that I may see wonderful things in your law.” Once you have done that, answer the questions below.
Deuteronomy 19:15 “One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses.”
Deuteronomy 17:6 “On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness.”
Proverbs 18:17 “The first to present his case seems right, till another comes forward and questions him.”
Deuteronomy 19:16–19 “If a malicious witness takes the stand to accuse a man of a crime, the two men involved in the dispute must stand in the presence of the LORD before the priests and the judges who are in office at the time. The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother. You must purge the evil from among you.”
Deuteronomy 22:13–18 “If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, “I married this woman, but when I approached her, I did not find proof of her virginity,” then the girl’s father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl’s father will say to the elders, “I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and said, ‘I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity.” Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him.”
Exodus 22:12-13 “But if the animal was stolen from the neighbor, he must make restitution to the owner. If it was torn to pieces by a wild animal, he shall bring in the remains as evidence and he will not be required to pay for the torn animal.”
Answer the following questions for your thread:
Did these scriptures change or confirm your views about how criminal procedure should operate according to each topic?
How does our current system deal with each topic?
How could our current system change (or not) to deal with each topic in a more biblical manner?
Provide at least 1 reference and 1 different scripture (other than those given above) in support of your post.