Answer:
I think the answer is the 2nd, and 4th one.
Explanation:
Answer:
Explanation:
Although it has been attempted to overturn the ruling in the Helling case, I would suppose that these attempts have been unsuccessful because the ruling was in favor of a higher standard of care than what was deemed appropriate by for the ophthalmologists. One might argue that the ruling has remained in place because holding the defendants liable was, in a way, a step towards checking the medical profession’s privilege to set it’s own standards. I feel as though legislature has probably not seen fit to reinforce it because the original ruling remains valid in that a doctor can follow all of the standards of care, and still be liable.
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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