The Dying Declaration Exception to the Hearsay Rule is one of the best known rules of evidence. Explain how a police officer would go about obtaining an admissible Dying Declaration

Question

What will be an ideal response?

Answer 1

There are two key prerequisites to an admissible Dying Declaration:
• The statements was made when the declarant believed that death was imminent, and
• The statement was concerning the cause or circumstances of what the declarant believed to be impending death.
There is no requirement that the dying declaration be spontaneous. Therefore, the officer may ask the person questions. It is also necessary to show in court that the person making the statement was lucid. The officer should assess the situation and try to determine that the person is cognizant of his/her surroundings.

The officer should make the person as comfortable as possible. Bystanders should be kept at bay. The officer should talk to the person and ask questions that establish that the person realizes that death is imminent. Asking if the person wants a priest to give "last rites" may establish this. If not, a more direct approach will have to be made. Once the person admits that he/she believes death is imminent, the officer can ask questions about the situation that caused the current injuries.