Download Flash Player to view these books.

Today’s rules of evidence in New Jersey authorize a dying declarations where a murder or accident victim makes a statement where he/she believes that death is imminent and relates to the cause or circumstance associated with the impending death.
Apart from Confrontation Clause problem these statements can create, there are other issues that a serious trial lawyer should develop when faced with a dying declaration, including whether:

• the statement was spontaneous and not the product of suggestion of undue influence;
• the statement was made to protect others or motivated by revenge;
• the declarant was conscious and cognitively capable of recognizing the desperation of the moment;
• the declarant had the clarity of mind to make rational observations and to correctly convey those observations;
• the nature of the injury sustained by the defendant and the emotional stressors associated with the event that precipitated the declarant’s death which are factors that can influence the two factors recited immediately above.
• the declarant’s religious commitment and whether that commitment would require him/her to unburden his/her mind with a truthful statement moments before the declarant expected to meet his maker;
• The integrity of the person who heard the declaration; motivational factors that can affect the listener’s; and the listeners’ perception and recall skills.

In order to develop these important issues and others associated with the admissibility of dying declaration, a good trial lawyer should seriously consider engaging a mental health specialist or a social scientist.

For more information on this issue, see the August 2009 edition of the Campion Magazine published by the National Association of Criminal Defense Lawyers.

Loading

Name *

Phone *

Email *

Tell us more *

Frank T. Luciano, PC
147 Main Street, Suite 5
Lodi, NJ 07644
Phone: (973) 471-0004
Get Directions