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Non-testimonial statements are those not intended to be preserved at trial, and not given in the process of an investigation, such as a transcript of a 911 call where the witness is describing a crime as it occurs, and is seeking aid rather than retribution. Testimonial statements are given after the crime has occurred, during an investigation of events. In the second instance, the witness is protected by police, not in immediate danger, and may have formulated a motive for giving rebuttable information.

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Q: List two type of evidence that are testimonial?
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