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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Counterfeiting or forgery
Answer:
The artist is attempting to provoke thought about a political topic.
Three judges sit on appeals courts, which do not employ juries. Whether or not the law was correctly applied in the trial court is something that the appellate court must decide.
The power of a court to rehear or reconsider a case determined by a lower court is referred to as appellate jurisdiction. The Supreme Court and High Courts of India both have appellate authority. They have the power to either reverse or sustain lower court rulings. To ensure that the proceedings were fair and the appropriate law was applied correctly, appellate courts examine the processes and rulings made by the trial court. The U.S. Supreme Court, the highest appellate court in the country, only considers appeals with significant weight and significance. There must be fundamental distinctions between trial and appellate courts, general and limited jurisdiction courts, and criminal and civil courts.
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