B. They protect marginalized citizens from being treated unfairly by groups with more power
A balance between individual rights and social control is possible through a set of democratic and participatory laws.
<h3>What are individual rights?</h3>
Individual rights is a term that refers to the freedoms and rights that an individual has from the moment he is born. Among these rights are the right to move freely, the right to think and express oneself freely, among others.
<h3>What is control and authority?</h3>
Control and authority are terms that refer to the control that the state has over individuals so that society is in harmony and the lives of citizens are not disturbed.
In accordance with the above, it can be inferred that it is possible that there is a balance between these two concepts. In fact, in most democratic states today, individual rights allow the control and legitimate authority of the state.
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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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