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.
To learn more about Testimony visit here ; brainly.com/question/29244222?referrer=searchResultssearchResults
#SPJ4
Rulings in a common law system depend on the prior decisions of the court on similar cases. Statutory laws are the rule and regulations prescribed as per the constitution.
Explanation:
Common laws are the decisions which are often taken by the panel of judges based on the similar case hearings which have already happened. If the feature of the case is similar, Judge decides upon the final ruling by referring to the previous case sheets and final verdict is given. It may take time to influence the common man with knowledge about it.
Statutory laws are the mandates and ordinances that are developed and enacted. It is voted by the representatives after a long deliberation on it. once the laws are passed, the governmental agencies like courts adopts it . In United States both common laws and statutory law systems are applied.
Answer:
Yes.
Explanation:
It broke the law.
