Cardozo Journal of Equal Rights & Social Justice
Abstract
The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.
Disciplines
Criminal Law | Criminal Procedure | Law | Law and Gender
Recommended Citation
Brooks Holland,
Using Excited Utterances to Prosecute Domestic Violence in New York: The Door Opens Wide, or Just a Crack?,
8
Cardozo J. Equal Rts. & Soc. Just.
171
(2002).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol8/iss2/2