http://www.indianalawjournal.org en-us N/A admin@indianalawjournal.org Mon, 05 Jan 2009 19:11:51 EST 20 http://www.indianalawjournal.org/articles/37/1/The-History-of-Childrenas-Hearsay-From-Old-Bailey-to-Post-Davis/Page1.html Focusing on a specific period in English history, Professor Thomas Lyon and Raymond Lamagna analyze in detail the historical record of the hearsay use of child witness statements in rape cases heard in the Old Bailey from 1684 to 1789. Their purpose is to illuminate and provide context for The King v. Brasier, a case cited by Davis v. Washington, a confrontation case decided a year after Crawford. Davis cited Brasier as historical support for the proposition that a hearsay declarant's statements made after the emergency has passed are inadmissible. The Supreme Court used Brasier to shore up the distinction between nontestimonial requests for help that need not be subject to cross-examination, and post-incident testimonial statements that trigger the right of confrontation. ]]> no@spam.com (Thomas D. Lyon & Raymond LaMagna) Sat, 06 Oct 2007 22:16:18 EDT http://www.indianalawjournal.org/articles/37/1/The-History-of-Childrenas-Hearsay-From-Old-Bailey-to-Post-Davis/Page1.html