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W Order 363124181 X Content X confrontation clause crawford - S X criminal evidence what is an oral X + X F -> C highpoint.blackboard.com/ultra/courses/_20921_1/cl/outline Paused : Apps M Gmail YouTube Maps Law Homework W Orders Reading list QUESTION 7 6 points Save Ansv Make an argument for why Emmy Grant's statement would be admissible AND make an argument for why Emmy Grant's statement would not be admissible. Three points for eac argument. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). BIUS Paragraph Arial 10pt EVAV IX ... P O WORDS POWERED BY TINY QUESTION 8 1 points Sav Identify a statement that would be BOTH relevant and an excited utterance. For the toolbar. press Al T+F10 (PC) or AL T+FN+F10 (Mac). 363124181-Crimi.docx 363124181-Crimi..docx w 363123883.edited.docx Criminal Evidence.docx w Order ID 363123...docx Show all X w 2:22 PM Type here to search O P 68 F Sunny 2/12/2022

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On June 21, the first day of summer, people gathered to celebrate the summer solstice.  Ascending to the town of Peak's high point, people watched the sun slowly set over the horizon.    Just as the sun set, an unknown female screamed, "He's got a gun!"  Shots rang out.  People scattered.  Vic Tym felt a searing pain rip through Tym's torso.  Tym managed two more steps and collapsed dead, uttering, "I've been hit." Asia Minor, seven years old, was walking with her mom to Peak's high point when the shooting started.  She looked up to see a mob of people charging at her.  She yelled, "Mom," and grabbed her mom but it was too late.  The fleeing mob knocked her over and trampled her to death. Other than Tym and Minor, twenty more were injured by the shooting or the ensuing hysteria.

Local, state and federal police quickly arrived on the scene and restored order but not before shooting and killing the initial shooter.  They identified the dead shooter as I.M. Superior.  Further investigation revealed Superior was an avowed White Nationalist.  On his Instagram page, Superior posted gun photos and various memes depicting his viewpoints.  His last post occurred twenty-four hours prior to the June 21 shooting.  It warned that the time had come for the Aryan race to take action.  He said that he would lead the way. 

The investigation also uncovered a HateChan profile for Superior.  Investigators found Superior had become "radicalized" through his participation in various HateChan chat rooms.  HateChan was created for and used by people who held a similar view that the Aryan race needed protecting from society at large.  People on the site routinely complained about their circumstances and blamed the situation on immigration and all other ethnic groups. Often these conversations talked of violence.  One post, made by Emmy Grant, proclaimed that "All non-white people are not real Americans and should be sent back where they came from."  Over time, the site gained worldwide members, topping one million individual accounts.  In the last six months, worldwide, HateChan members initiated four different mass shootings that resulted in 53 deaths.  After each shooting, HateChan's public affairs office released a statement condemning the use of violence and that their primary goal is to give people a place to speak their minds.

One user, in particular, seemed to stoke the flames.  Harry N. Leader, HateChan's founder, had quickly identified Superior as someone searching for something.  Using the same board Superior used, Leader posted a collection of self-produced videos discussing how the Aryan race was becoming more and more oppressed.  The videos encouraged those watching to take action in their home towns.  Leader also sent personal messages to Superior encouraging Superior to act on behalf of the Aryan race.  One message said that "White people must stand up for their God-given rights and not allow any foreigners to get in their way."  Never, however, did Leader promote violent action.  Instead, he remained vague about specific action.

Superior was a lonely and tormented soul.  He had just graduated from a university and was looking for work.  He received rejection after rejection.  His parents had cut off their support because they believed he was not trying hard enough to find a job.  One particular rejection stung Superior.  He thought he had a good shot at the position but was rejected at the last minute.  When he went to the office to find an explanation, he found that the company had hired someone from South America.  When he complained to a local bartender, the bartender told Superior about HateChan.  The next morning, while recovering from his drinking, he created a HateChan account. Days later, he received his first message from Leader.

With Superior killed at the scene and the local populace demanding law enforcement action, the local prosecutor decided to prosecute Harry N. Leader on two counts of Murder in the First Degree.  To make a case for murder, the prosecution must prove, beyond a reasonable doubt, that:

  1. Superior killed a person
  2. After deliberation (defined as cool reflection on the matter for any period of time, no matter how brief)
  3. Leader, with the purpose of promoting the commission of Murder in the First Degree, aided or attempted to aid Superior in the planning or the commission of the offense.

Answer & Explanation
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Please see the answer below.

Step-by-step explanation

Statement related to Emmy Grant based on the passage:
"One post, made by Emmy Grant, proclaimed that "All non-white people are not real Americans and should be sent back where they came from."

Why Emmy Grant's statement would be admissible?
Emmy Grant's statement should be admissible to prove that the HateChan site is an online platform whose purpose is radical racism, violence, and brutality.

 

Why Emmy Grant's statement would NOT be admissible?

Emmy grant's statement would NOT be admissible because it is not relevant, the account in the name of "Emmy Grant" is an unidentified person and many individual accounts may have used the same name on the site.

I hope this helps.