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If an individual is charged or prosecuted for a crime based on another's dying declaration, it can be argued that they are deprived of their constitutional right (6th amendment) to confront witnesses against them (since they are now dead).

Added: The cogent legal fact is that a genuine dying declaration is an exception to the hearsay rule and can be admitted as evidence in court.

ONLY if the individual actually manages to survive can the declaration be challenged.

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