In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors:

(1) The witness’s personal knowledge of the event.
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Terms Used In Alabama Code 15-25-37

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(2) The age and maturity of the witness.
(3) Certainty that the statement was made, including the credibility of the person testifying about the statement.
(4) Any apparent motive the witness may have to falsify or distort the event, including bias, corruption, or coercion.
(5) The timing of the statement.
(6) Whether more than one person heard the statement.
(7) Whether the witness was suffering from pain or distress when making the statement.
(8) The nature and duration of any alleged abuse.
(9) Whether the witness’s young age or status as a protected person pursuant to Section 15-25-1 makes it unlikely that the witness fabricated a statement that represents a graphic, detailed account beyond the witness’s knowledge and experience.

(10) Whether the statement is spontaneous or directly responsive to questions.
(11) Whether the statement is suggestive due to improperly leading questions.
(12) Whether extrinsic evidence exists to show the defendant‘s opportunity to commit the act complained of in the witness’s statement.
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