Marty has been shot by Harris. Within minutes, first responders, including 4 police officers and 2 paramedics arrived at the shooting scene. Before Marty lost consciousness, Marty told one of the officers that he was shot by his roommate, Harris, and that Harris sped away from the scene in Harris’s red Honda. Shortly after making the statement, Marty died at the scene from the gunshot wound. The prosecution wants to introduce the statement Marty made to the officers identifying Harris as the shooter. The defense attorney objects. Applying the U.S. Supreme Court’s holding in Michigan v. Bryant, how will the judge rule on this issue?

Question

a. Marty’s statements to the officer are inadmissible hearsay.
b. Marty’s statements to the officer are determined by the judge to have sufficient indicial of reliability and are therefore inadmissible at Harris’s trial.
c. Marty’s statements were not offered as testimony but were offered to assist law enforcement in an on-going emergency that posed a threat to the public at large and therefore are admissible at Harris’s trial.
d. Marty’s statement, while offered during an on-going emergency that posed a threat to the public at large were not subjected to cross-examination and are therefore inadmissible at Harris’ trial

Answer 1

c. Marty’s statements were not offered as testimony but were offered to assist law enforcement in an on-going emergency that posed a threat to the public at large and therefore are admissible at Harris’s trial.