![]() ![]() If not, was the statement made immediately afterward? Was the statement made while the declarant observed the event? The critical factor behind this concept is time. When statements are made while or immediately after experiencing an event, the possibility of intentional misrepresentation or deliberate inaccuracy is greatly reduced.Īgain, this concept of spontaneity is why present sense impressions are admissible forms of evidence at trial. ![]() The Present Sense Impression exception applies to instances when the out-of-court statement was made (1) while the declarant observed the event or condition or (2) immediately afterward. ![]() What is the Present Sense Impression exception? This is why we have the Present Sense Impression exception to hearsay. However, a spontaneous statement is often believed to be more trustworthy because the declarant did not have the time to think about the effects of that statement.Īs a result, the law understands that an all-out ban on all out-of-court statements is too much especially if the statement was made when there was not enough time to careful craft such a statement. The hearsay objection is designed to keep out statements that declarants have carefully crafted for their benefit at trial. These three exceptions all share the same underlying principle: spontaneity. Looking at Rule 803, the first three exceptions are Present Sense Impression, Excited Utterance, and Then-Existing Mental, Emotional, or Physical Condition. Was the hearsay statement made spontaneously? ![]()
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