NCJ Number
130155
Journal
Fordham Urban Law Journal Volume: 17 Issue: 1 Dated: (1988-89) Pages: 89-116
Date Published
1989
Length
27 pages
Annotation
The present sense impression exception to the hearsay rule is being robbed of its utility because the exception is burdened with an unnecessary additional requirement of extrinsic corroboration.
Abstract
Res gestae, a term regarded with disdain by many evidence scholars, may present a solution to problems which arise in applying Federal Rules of Evidence and their State equivalents. The disdain surrounding res gestae is due primarily to its vague and inaccurate use. Federal Rules of Evidence 803(1), (2), and (3) share a common theoretical root, since all evolved from the ancient doctrine of res gestae. Thus, uniform standards of corroboration and extrinsic proof should be applied to all three rules. Such consistency would improve and simplify the way courts apply the most troublesome of the hearsay exceptions, the present sense impression exception of Rule 803(1). An overview of the hearsay rule and its historical development is presented as well as background information on the history of the res gestae doctrine. Hearsay exceptions under the three Federal Rules of Evidence are analyzed, and inconsistencies in the application of these rules are illustrated. It is concluded that hearsay evidence is the only evidence available in many instances. If the evidence meets the requirements of an accepted hearsay exception, it should be admitted. 189 footnotes