SEQ CHAPTER \h \r 1CR05-081 07/28/03

HEARSAY OF CHILD (V.R.E. 804a)

In this case, you have heard (adult witness or witnesses)_______________ testify that (child)_______________ made certain statements outside of court.

In evaluating these statements, you should weigh the credibility of the adult witness under the instructions I have given, and you should also weigh the child’s testimony as I have instructed.  The weight you give to the statements depends on whether you find from the time, content and circumstances under which the child’s statements were made that they were trustworthy or untrustworthy.  To decide this, you may consider (1) whether the statements were made spontaneously, or, if questioning occurred, the manner in which the questioning took place; (2) whether the child’s statements make sense; (3) whether the statements were detailed; and (4) what were the emotions displayed at the time the child made the statements.  You may also consider the child’s age, intelligence, [his] [her] memory, and [his] [her] ability to tell the truth.