Excited Utterances, "Testimonial" Statements, and the Confrontation Clause.

Format:

Book

Government document

Author/Creator:

Library of Congress. Congressional Research Service.

Language:

English

Subjects (All):

Judge-made law.

Constitutional law.

Criminal procedure.

Physical Description:

1 online resource (12 pages, digital, PDF file)

Place of Publication:

[Place of publication not identified] : [publisher not identified], 2005.

System Details:

text file

Summary:

Reviews two Supreme Court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of "excited utterance" statements made by non-testifying witnesses at criminal trials. Provides background on the rules of evidence and hearsay, excited utterances, and interpretation of the Sixth Amendment confrontation clause in the Crawford v. Washington case. Describes three general approaches that lower courts have used to classify whether excited utterances can be classified as "testimonial," including per se non-testimonial, per se testimonial, and case-by-case evaluation.

Notes:

Record is based on bibliographic data in ProQuest U.S. Congressional Research Digital Collection (last viewed Dec. 2010). Reuse except for individual research requires license from ProQuest, LLC.

CRS Report.

Other Format:

Microfiche version: Library of Congress. Congressional Research Service. Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Access Restriction:

Restricted for use by site license.