Res gestae
Encyclopedia
Res gestae is a term found in substantive and procedural American jurisprudence and English law
. In American substantive law, it refers to the start-to-end period of a felony. In American procedural law, it refers to an exception to the hearsay rule for statements made spontaneously or as part of an act. The English version of res gestae is similar.
statutes, "res gestae" is a term defining the overall start-to-end sequence of the underlying felony. Generally, a felony's res gestae is considered terminated when the suspect has achieved a position of relative safety from law enforcement.
, res gestae is a term used to describe an exception to the rule against hearsay
evidence. Res gestae is based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (i.e., by the witness, who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements that can be admitted into evidence as res gestae fall into three headings:
(In some jurisdictions the res gestae exception has also been used to admit police sketches.)
The following scenario is an example of types one and two:
Imagine a young woman (the witness) standing on the side of a main road. She sees some commotion across the street. On the opposite side of the road to her she sees an old man and hears him shout 'The bank is being robbed!' as a young man runs out of a building and away down the street. The old man is never found (and so cannot appear in court to repeat what he said), but the woman repeats what she heard him say. Such a statement would be considered trustworthy for the purpose of admission as evidence because the statement was made concurrently with the event and there is little chance that the witness repeating the hearsay could have misunderstood its meaning or the speaker's intentions.
Under the Federal Rules of Evidence, res gestae may also be used to demonstrate that certain character evidence, otherwise excludable under the provisions of Rule 404, is permissible, as the events in question are part of the "ongoing narrative," or sequence of events that are necessary to define the action at hand.
for a legal action.
Res gestae is also used in respondeat superior vicarious liability law. Particularly, res gestae refers to time, place, and in the interest of" an employer.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. In American substantive law, it refers to the start-to-end period of a felony. In American procedural law, it refers to an exception to the hearsay rule for statements made spontaneously or as part of an act. The English version of res gestae is similar.
Res gestae in American substantive law
In certain felony murderFelony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
statutes, "res gestae" is a term defining the overall start-to-end sequence of the underlying felony. Generally, a felony's res gestae is considered terminated when the suspect has achieved a position of relative safety from law enforcement.
Res gestae in American hearsay law
Under the Federal Rules of EvidenceFederal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
, res gestae is a term used to describe an exception to the rule against hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
evidence. Res gestae is based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (i.e., by the witness, who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements that can be admitted into evidence as res gestae fall into three headings:
- Words or phrases that either form part of, or explain, a physical act,
- Exclamations that are so spontaneous as to belie concoction, and
- Statements that are evidence of someone's state of mind.
(In some jurisdictions the res gestae exception has also been used to admit police sketches.)
The following scenario is an example of types one and two:
Imagine a young woman (the witness) standing on the side of a main road. She sees some commotion across the street. On the opposite side of the road to her she sees an old man and hears him shout 'The bank is being robbed!' as a young man runs out of a building and away down the street. The old man is never found (and so cannot appear in court to repeat what he said), but the woman repeats what she heard him say. Such a statement would be considered trustworthy for the purpose of admission as evidence because the statement was made concurrently with the event and there is little chance that the witness repeating the hearsay could have misunderstood its meaning or the speaker's intentions.
Under the Federal Rules of Evidence, res gestae may also be used to demonstrate that certain character evidence, otherwise excludable under the provisions of Rule 404, is permissible, as the events in question are part of the "ongoing narrative," or sequence of events that are necessary to define the action at hand.
English law
For a technical explanation of Res gestae under English law See: WikiCrimeLine Res gestaeOther uses
Res gestae is also used to refer to those facts or things done which form the basis or gravamenGravamen
Gravamen , , a complaint or grievance, the ground of a legal action, and particularly the more serious part of a charge against an accused person. In legal terms, the essential element of a lawsuit.In English the term is used chiefly in legal submissions and judicial opinions...
for a legal action.
Res gestae is also used in respondeat superior vicarious liability law. Particularly, res gestae refers to time, place, and in the interest of" an employer.