Final answer:
Res gestae refers to statements and actions related to the events of a case that can be admitted into evidence due to their presumed reliability. The four heads of res gestae include spontaneous statements, routine statements, contemporaneous statements, and statements providing necessary context.
Step-by-step explanation:
The term res gestae refers to things done, including words said, during the course of the events at issue in a trial, which may be admitted into evidence if they are deemed to be inherently reliable. The concept of res gestae captures four heads or aspects that are relevant to determine its admissibility as evidence: spontaneous statements, statements that are part of the routine, statements made at the same time as the physical act they describe, and statements that provide necessary context to understand the event or the act.
Examples of Res Gestae
- A spontaneous exclamation by a witness immediately after witnessing a crime, such as "He's got a gun!" may be admitted as part of the res gestae.
- Records of routinely conducted activities, such as business records or logs, can be admitted under res gestae.
- A statement made contemporaneously with an action, such as someone declaring "I am signing this will" as they sign a document, may be considered part of the res gestae.
- Background statements that elucidate the circumstances of an event, like someone saying "We've been arguing all day before he hit me," might also qualify as res gestae.