1907

Business records are created for internal business purposes and not as testimony or to aid an investigation, so I think this record is not testimonial, and should be admitted.

The argument on the other side is that it describes the crime and the security guard would have realized that it might be used in a subsequent criminal investigation. Close call.

Questions? Email tanford@indiana.edu and refer to 1907

If Lance Armstrong is prosecuted for illegal possession and use of steroids without a prescription, can the prosecution introduce into evidence the record of a private lab hired by the Anti-Doping Agency showing he tested positive for steroids. Assume it qualifies as a business record. The chemist is sick and cannot attend. Is it admissible, or is it barred by Crawford? When you think you know the answer, click here .