Present sense impression
Encyclopedia
A present sense impression, in the law
of evidence
, is a statement made by a person (the declarant
) that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving (i.e. contemporaneous with) the event or condition, or "immediately thereafter." The permissible time lapse between event and statement may range from seconds to minutes, but probably not hours. The subject matter and content of the statement are limited to descriptions or explanations of the event or condition, therefore opinions, inferences, or conclusions about the event or condition are not present sense impressions. An example of present sense impression is of a person saying, "it's cold" or "we're going really fast".
Under the Federal Rules of Evidence
[FRE 803(1)], a statement of present sense impression is an exception to the prohibition on use of hearsay
as evidence at a trial or hearing, and is therefore admissible to prove the truth of the statement itself (i.e. to prove that it was in fact cold at the time the person was speaking, or to prove that the person was indeed traveling very fast). The basis for this exception is the belief that the statement is likely reliable and true, as there is no time for reflection, distortion, or fabrication.
The witness testifying about the statement need not be the declarant who, with firsthand knowledge about the event and condition, would normally make a better witness. The witness must have personal knowledge of declarant's making of the statement, but need not have personal knowledge of the event or the content of the statement. For example, a policeman observed from a distance that a reporter was dictating into a voice-recorder while a shooting was going on, but could not hear what the reporter was dictating. The reporter is unavailable to testify. The policeman testifies that he saw the reporter make the dictation. Upon proper authentication, that portion of the audio-recording containing descriptions or explanations of the shooting is admissible as present sense impression.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, is a statement made by a person (the declarant
Declarant
A declarant, generally speaking, is anyone who composes and signs a statement or declaration alleging that the information he has given therein is true...
) that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving (i.e. contemporaneous with) the event or condition, or "immediately thereafter." The permissible time lapse between event and statement may range from seconds to minutes, but probably not hours. The subject matter and content of the statement are limited to descriptions or explanations of the event or condition, therefore opinions, inferences, or conclusions about the event or condition are not present sense impressions. An example of present sense impression is of a person saying, "it's cold" or "we're going really fast".
Under the Federal Rules of Evidence
Federal 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....
[FRE 803(1)], a statement of present sense impression is an exception to the prohibition on use of 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...
as evidence at a trial or hearing, and is therefore admissible to prove the truth of the statement itself (i.e. to prove that it was in fact cold at the time the person was speaking, or to prove that the person was indeed traveling very fast). The basis for this exception is the belief that the statement is likely reliable and true, as there is no time for reflection, distortion, or fabrication.
The witness testifying about the statement need not be the declarant who, with firsthand knowledge about the event and condition, would normally make a better witness. The witness must have personal knowledge of declarant's making of the statement, but need not have personal knowledge of the event or the content of the statement. For example, a policeman observed from a distance that a reporter was dictating into a voice-recorder while a shooting was going on, but could not hear what the reporter was dictating. The reporter is unavailable to testify. The policeman testifies that he saw the reporter make the dictation. Upon proper authentication, that portion of the audio-recording containing descriptions or explanations of the shooting is admissible as present sense impression.