§8.85 The Davis “Emergency Exception”
C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §8.85 (6th ed. Wolters Kluwer 2018)
4 Pages Posted: 2 Nov 2018
Date Written: 2018
This article addresses the “emergency exception” to the Crawford doctrine which allows out-of-court statements to be admitted against a criminal defendant when the “primary purpose” of making such statements was to enable a response to an “ongoing emergency.” It discusses the facts of Davis v. Washington which created the exception and subsequent cases determining the scope of the exception, including the Bryant and Clark cases.
Keywords: Davis, Crawford, testimonial hearsay, emergency exception, right of confrontation, confrontation clause, Bryant, Clark
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