CHILDREN AND THE LAW
...Evidentiary Issues
......Hearsay Rule Exceptions
.........Spontaneous Declaration (Res Gestae)
8 Cards On This Topic:

Spontaneous declaration admissible to describe perceived events.

Testimony admitted under spontaneous declaration exception need not require showing of declarant’s unavailability under Confrontation Clause.

Harmless error to allow statements V made to third parties about the rape under spontaneous statement hearsay exception where V had time to deliberate and reflect.

Spontaneous statement need not be made at time of incident, but rather under circumstances such that statement made without reflection.

Lapse of time between event and declaration describing it and fact that declaration elicited by questioning do not deprive statement of spontaneity.

Evidence of spontaneous declaration not inadmissible simply because declarant too young to testify.

Statements made by victim immediately after crime and otherwise corroborated admissible as spontaneous statements.

Statements made by 5-year-old witness immediately after crime and otherwise corroborated admissible as spontaneous statements even though she did not testify.