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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1. As the parole officer for a single mother with three hyperactive, attention-deficit disorder young children, I think that C. One should do what is best for everyone.
2. In the expanded view of duty, especially with respect to protecting society, resolving the situation of this woman without filing a violation report might be <u>more ethical</u>.
<h3>What is an ethical duty?</h3>
An ethical duty is the responsibility to recognize, interpret, and act upon multiple principles and values based on given standards.
However, being ethical does not imply that ethical guidelines must be followed blindly. Some circumstances demand different approaches to achieve what is best for everyone involved.
Thus, ethical responsibility demands that the parole officer deals with each case with courage, fairness, and integrity.
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Answer:
Many schools in Vermont are closed due to heavy snow, sleet, and rain- meteorologist.
Black holes are a small sphere of densely packed matter - astronomer.
Explanation:
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Answer:
The two most prevalent types of city boundary changes are incorporation, which is the creation of a city government in unincorporated territory of a county, and annexation, which is the addition of unincorporated territory to an existing city.
