RES GESTAE IN THE TEXAS COURT OF CRIMINAL APPEALS, A METHOD TO THEIR MADNESS

• NCJ Number: 4864
• Journal: Texas Law Review Volume: 50 Issue: 1 Dated: (DECEMBER 1971) Pages: 119145
• Author(s): G T BANKS
• Date Published: 1971
• Length: 27 pages
• Corporate Author: University of Texas
• Publication Format: Article

Annotation

THE AUTHOR CONTENDS THAT THE EVIDENTIARY CONCEPT OF RES GESTAE, THINGS DONE, IS INDISCRIMINATELY USED BY COURTS TO ADMIT EVIDENCE PREJUDICIAL TO DEFENDANTS.

Abstract

RES GESTAE REFERS TO THOSE ACTS AND DECLARATIONS WHICH ARE SUCH AN INTIMATE PART OF THE CRIMINAL EVENT THAT THEIR EXISTENCE MUST BE KNOWN TO THE COURT. THE MOST COMMONLY KNOWN RULES OF RES GESTAE ARE THOSE WHICH ADMIT EVIDENCE AS AN EXCEPTION TO THE EXCLUSIONARY HEARSAY RULE. THE AUTHOR SUGGESTS THAT THIS BROAD PRINCIPLE FOR ADMITTING EVIDENCE WHICH MIGHT OTHERWISE BE EXCLUDED HAS BEEN OVERUSED AND THE DISTINCTIONS BLURRED BETWEEN SEVERAL DIFFERENT RULES AND THEIR RESPECTIVE REQUIREMENT AND JUSTIFICATIONS. THE SUBSTANTIVE EVIL SO OFTEN OCCASIONED BY RES GESTAE IS ADMISSION OF EVIDENCE THAT WOULD HAVE BEEN EXCLUDED HAD THERE BEEN A PROPER UNDERSTANDING OF THE DOCTRINE. THE MOST LIKELY EVIDENCE TO BE ADMITTED IMPROPERLY IS CONFESSIONS MADE BY ACCUSED PERSONS. SOME OF THE EVIDENTIARY RULES PRESENTLY LABELLED RES GESTAE HAVE MORE STRICT REQUIREMENTS FOR ADMISSION THAN DO OTHERS. THUS INEXACT TERMINOLOGY CAN SERIOUSLY PREJUDICE THE RIGHTS OF THOSE CHARGED WITH CRIMES.