Thomas D. Lyon & Raymond LaMagna
Thomas D. Lyon: Professor of Law and Psychology at the University of Southern California.Raymond LaMagna: University of Southern California (J.D., 2006); Order of the Coif; Articles Editor of the Southern California Law Review.
Articles by this Author
The History of Children’s Hearsay: From Old Bailey to Post-Davis
- By Thomas D. Lyon & Raymond LaMagna
- Published 10/6/2007
- Volume 82, Issue 4
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.
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