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Why is blood alcohol testing considered non-testimonial as opposed to evidence that is testimonial?
Wiki User
∙ 14y ago
Because they are the results of a scientifically proven and court sanctioned laboratory test, (i.e.: the results speak for themselves) and they are not the result of someone's independent conclusion which requires testimony and cross examination. The common vernacular has a saying that covers this.... "It is what it is."
Wiki User
∙ 14y ago
Blood alcohol testing is considered non-testimonial because it involves the collection and analysis of physical evidence rather than the individual's communication or statement. Testimonial evidence generally refers to statements or communications made by individuals, such as statements made during an interrogation or trial. Blood alcohol testing, on the other hand, focuses on objective scientific analysis of physical substances like blood or breath, and does not involve the individual's statements or communication.
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Is non-testimonial evidence admissible in court?
From "Criminal Procedure & Constitutional Protections" (Second Edition) Non Testimonial Evidence: "Evidence that does not come from the mouth of a witness and may include conduct; physical evidence that may have the operative effect of proving guilt but has not been deemed to have the same effect as speech" Examples: Blood alcohol test, physical test to identify if a suspect is intoxicated. See case Schmerber v California, 384 U.S. 757 (1966)
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No.
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When is a beverage considered alcohol?
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Is Alcohol considered a depressant?
Yes
