Question

Even if a declarant gives a statement to police concerning an alleged crime, that statement could still qualify as non-testimonial if police question the declarant while responding to an _________ ____________ (two words). The Supreme Court demarcated this boundary for testimonial hearsay in Davis v. Washington, 126 S. Ct. 2266 (2006), where the primary purpose of the questioning was not to collect evidence of a past crime, but to secure the scene and protect the declarant.
Courts applying the Davis exception most often summarize it with phrases such as "ongoing emergency" or "emergency situation." When police are responding to an ongoing emergency, their motive is to ensure the safety of all concerned, not to collect evidence. The Supreme Court ruled in Davis that statements elicited by police while responding to an ongoing emergency are not testimonial for purposes of the Confronta

Answer 1

Courts applying the Davis exception most often summarize it with phrases such as "ongoing emergency" or "emergency situation." When police are responding to an ongoing emergency, their motive is to ensure the safety of all concerned, not to collect evidence. The Supreme Court ruled in Davis that statements elicited by police while responding to an ongoing emergency are not testimonial for purposes of the Confrontation Clause.

Testimonial” hearsay is a statement that:

-ITlooks like the kind of testimony that would be offered at trial in aid of prosecution;

-It is made when the circumstances objectively indicate that there is no ongoing emergency; and

-The primary purpose of the interrogation is to establish or prove past events potentially relevant to a later criminal prosecution.

The Confrontation Clause of the United States Constitution protects the right of a criminal defendant to be confronted by his or her accusers in Court and to cross-examine any testimony that they may offer. The admission of hearsay (an out-of-court statement) – even if admissible under an exception to the rule against hearsay – can be in direct conflict with the right of Confrontation.

On the other hand, “non-testimonial” hearsay is a statement that:

-It is made primarily for the purpose of assisting police to meet an ongoing emergency; or

-It was made primarily for a purpose other than discovering, establishing or proving past events potentially relevant to later criminal prosecution.

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