Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/15-25-37.htm |
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Depth: | 0 singles |
Size: | 1,907 bytes |
Modified: | 2005-02-04 10:19:16 |
Categories: | -None- |
Title: | 15-25-37 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is not limited to, the following factors: (1) The child's personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that the statement was made, including the credibility of the person testifying about the statement; (4) Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one person heard the statement; (7) Whether the child was suffering from pain or distress when making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience; (10) Whether the statement has a "ring of verity," has an internal consistency or coherence, and uses terminology appropriate to the child's age; (11) Whether the statement is spontaneous or directly responsive to questions; (12) Whether the statement is suggestive due to improperly leading questions; (13) Whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. (Acts 1989, No. 89-876, p. 1754, ยง7.) |