Res gestae is a legal term allowing some hearsay to be admitted as evidence if made spontaneously upon the occurrence of an event. Most modern courts allow only three types of statements, and some countries allow secondhand information if a statement creates legal rights. Voir dire hearings are often required to evaluate the accuracy of the statement. Res gestae is rarely used in modern judicial culture.
Res gestae, a Latin phrase meaning “things done,” is an inactive legal term that has allowed some forms of hearsay to be admitted as evidence. In res gestae, second-hand statements could be admitted in the evidence of a court case if they were made spontaneously upon the occurrence of an event. The rationale behind this practice was that spontaneous utterances were free from the potential misinterpretations of other types of hearsay.
Beginning in the 1920s, res gestae was increasingly codified to distinguish secondhand statements permitted in the courtroom from those explicitly prohibited. Most modern courts allow admissions for only three types of statements: words explaining a physical act, spontaneous admissions, and statements explaining state of mind. Unless a statement specifically falls into one of these three categories, it is usually considered inadmissible.
Some countries, such as Canada, allow the use of secondhand information if a statement creates legal rights. This fourth category would allow spontaneous statements such as “She is my wife!” be included in a process because they establish a legal relationship between the parties. The rationale behind allowing these statements is that they establish a legal relationship that the court must consider to arrive at an accurate verdict.
In some cases, the res gestae is interpreted broadly to allow for utterances that would not normally be allowed. For example, many child abuse trials liberally use secondhand statements to avoid the trauma of forcing a child to take a stand in court. Sensitive cases like these rely on statements that traditionally would be considered hearsay to keep the trial running smoothly.
When res gestae statements are to be used in court as a key part of the case, a voir dire hearing is often required. This hearing allows the defense and the prosecution to evaluate the accuracy of the statement and its overall validity for trial purposes. Cruel hearings are especially important in trials where secondhand statements will constitute the majority of evidence, such as in child abuse trials.
A significantly less common use of the term is found in murder trials. In these cases, res gestae refers to the process from start to finish. It can also be used to indicate secondhand claims, often leading to confusion. Confusion between uses of this legal term in criminal homicide cases is a major reason why res gestae is rarely used in modern judicial culture.
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