For the Defense - Vol. 4, Issue 3 - 50

The court in Davis v. Washington established the
"primary purpose" test to determine whether an
out-of-court statement is testimonial. Statements
are non-testimonial when made in the course of
police interrogation under circumstances objectively
indicating that the primary purpose of the
interrogation is to enable police assistance to meet
an ongoing emergency. They are testimonial when
the circumstances objectively indicate that there is
no such ongoing emergency, and that the primary
purpose of the interrogation is to establish or prove
past events potentially relevant to later criminal
prosecution.70
In the next issue of For The Defense, this article
will conclude by exploring the admissibility of
SANE testimony under the Confrontation Clause
in Federal and State courts as well as the issue of
taint as a means of attacking the admissibility of
statements received by a SANE from child victims.

Kristin Littel, Sexual Assault Nurse Examiner (SANE)
Programs: Improving the Community Response to Sexual
Assault Victims, U.S. Dep't of Justice, Office for Victims
of Crimes (April 2001).
4
Id.
5
Rebecca Campbell, Mauren Lichty, Debra Patterson, The
Effectiveness of Sexual Assault Nurse Examiner (SANE)
Programs: A Review of Psychological, Medical, Legal,
and Community Outcomes, 6 Trauma, VioleNce & abuSe,
313 (October 2005).
6
Haley Potiker, How the Critical Shortage of Sexual
Assault Nurses Harms Survivors Across the US, broadly
(August 31, 2016).
7
Id.
8
Id.
9
U.S. Dep't of Justice, Office on Violence Against Women,
National Training Standards for Sexual Assault Medical
Forensic Examiners, (August 2018), available at https://
www.justice.gov/ovw/page/file/1090006/download (last
visited July 22, 2019).
10
Sexual Assault Nurse Examiner Education Guidelines,
International Association of Forensic Nurses, (2015).
11
"Contact Hours" is the term used by the American
Nurses Credential Center's Commission on Accreditation
(ANCC) to define a unit of nursing continuing education
in nursing. A contact hour is defined as, "Sixty minutes
of an organized learning activity, which is either a
didactic or clinical experience."
12
Sexual Assault Nurse Examiner Education Guidelines,
International Association of Forensic Nurses at 7 (2015).
13
Rebecca Campbell, The Effectiveness of Sexual Assault
Nurse Examiner (SANE) Programs, National Online
Resource Center on Violence Against Women (November
2004), available at http://www.ncdsv.org/images/
VAWnet_EffectivenessSANEPrograms_11-2004.pdf (last
visited July 22, 2019).
14
Id.
15
Id.
16
Id.
3

PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

NOTES:

Rebecca Campbell, Deborah Bybee, J. Kevin Ford, Debra
Patterson, Systems Change Analysis of SANE Programs:
Identifying the Mediating Mechanisms of Criminal Justice
Impact: Project Summary, 2005-WG-BX-0003 (April 2009).
2
Id.
1

22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

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About the Author
Robert Kinnear is the owner
of Kinnear Law Office LLC,
a three-attorney firm with
offices in Erie and Warren,
Pennsylvania. He received his
J.D. from Widener University
School of Law graduating
cum laude, and his LLM in
Health Care Regulation from Loyola University.
He specializes his practice in criminal defense.

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