Evidence-Wellborn SU2006 Outline

8033 covers four distinct categories of statements

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Unformatted text preview: ess persisting throughout the lapse of time between the event and the statement then it is admissible. ON the other hand, if there has been a period of calm that has intervened...it's not. You can see that the court has stretched this permissible time period particularly where the witness is a child. TX has a statute that is referred to colloquially as the "outcry" statute that says if a victim, 12 years of age or under (under the age of 13), the first statement they make to an adult describing the events or identifying the perpetrator is admissible so long as the child testifies! Since we have that statute Texas has not had to stretch excited utterance past the breaking point. Note 6, Page 164: "Declarant incompetent to testify" Makes sense. Lack of capacity for reliable long term memory...long term memories can't be formed before the age of three. So, a two year old, is most unlikely to be found competent to testify, but a two and a half year old can make a reliable statement about something the child has JUST perceived or experienced. That's why the hearsay exception can be employed even though the dec...
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