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.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-73; GWU Legal Studies Research Paper No. 2018-73
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §8.85 The Davis “Emergency Exception” (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §8.85 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-73; GWU Legal Studies Research Paper No. 2018-73. Available at SSRN: https://ssrn.com/abstract=3277084