Q: Who shot you. A: Homie Doggie who lives on 3rd street. *croak*
Common sense would indicate that if the only evidence of a crime were the statements of a victim who later expired, then there'd exist the possibility of reasonable doubt since it would be too easy to manufacturer or manipulate the statement in the absence of any other evidence. Common sense, however, is lacking in the criminal justice system as it stands today.
The hypothetical law school arguments used as a tool to educate students are now the foundation of twisted ruling after twisted ruling. If, at the end of the investigation, all you have is the statement that x did y, and nothing to back it up, then yes, you should be at a dead end. But how can it be considered in any form or fashion a 'justice' system if the victim's own words are excluded from the proceedings? To limit it to simply an investigative tool to direct the investigation defies the humanity that should be within the legal system. Justice is supposed to be blind, not heartless, and certainly still has ears to hear the words of a victim.
The possibility of manipulation and misrepresentation is mitigated by the foundation of other evidence. If police show up soon after at Homie Doggie's house and find gunpowder residue on the hands of Homie Doggie, he'd better have a receipt for his visit to the gun range where he just fired his arms. and it would be a good idea for the rangemaster to also be available to testify to the alibi.
I wholeheartedly disagree that a victim's representation in court ends with a successful murder. I think the original court was right in permitting the testimony, and don't think that defendant's rights were violated in being unable to cross examine the victim's testimony. I do not extend that to the officers themselves; absent a recording, their recollection can be called into question.
Very well written and very well reasoned. I still disagree with the majority ruling, though. And, as well written as your reply is, I note that you never correlated your reasoning with the Confrontation Clause. Without that, your reply has much appeal. When you factor that in however, the passionate may not always agree with the reasonable. If given a choice, and on this particular issue, i.e., the confrontation clause, I side with reason.