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What (who) is dying declaration - definition
TYPE OF TESTIMONY
Dying declarations
dying declaration
n. the statement of a mortally injured person who is aware he/she is about to die, telling who caused the injury and possibly the circumstances ("Frankie shot me"). Although hearsay since the dead person cannot testify in person, it is admissible on the theory that a dying person has no reason not to tell the truth.
Dying Gaul
![neck torc]].](https://commons.wikimedia.org/wiki/Special:FilePath/Dying Gaul Musei Capitolini MC747.jpg?width=200 "neck torc]].")
![The Dying Gladiator Inn, [[Brigg]], England](https://commons.wikimedia.org/wiki/Special:FilePath/The Dying Gladiator Inn, Brigg.jpg?width=200 "The Dying Gladiator Inn, [[Brigg]], England")
SCULPTURE
The Dying Gaul; Wounded gaul; Dying Galatian
The Dying Gaul, also called The Dying Galatian () or The Dying Gladiator, is an ancient Roman marble semi-recumbent statue now in the Capitoline Museums in Rome. It is a copy of a now lost sculpture from the Hellenistic period (323-31 BC) thought to have been made in bronze.
Declaration (law)
AUTHORITATIVE ESTABLISHMENT OF FACT
Declaration of trust; Negative declaration; Declaratory; Declaratory law
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems.
Wikipedia
Dying declaration
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence in criminal law trials because it constituted the last words of a dying person. The rationale is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability.
Examples of use of dying declaration
1. The judges had stated that "the dying declaration of the deceased is not dependable because Punjabis are prone to speak lies". The remarks are still part of the judicial record and should be erased, Indian Supreme Court Lawyer Sonia Raj Sood and WPC chairman Fakhar Zaman told a news conference in the Pakistani city of Lahore on Friday.
2. British judges made the "defamatory and derogatory" remarks against Punjabis while delivering a judgment in a murder case titled Bakhshish Singh vs state stating the dying declaration of the deceased is not dependable because Punjabis are "prone to speak lies," she said.
3. Her letter, read aloud in court, said in part: "I pray I‘m wrong + nothing happens ... but I am suspicious of Mark‘s suspicious behaviors + fear for my early demise." Read the letter» The case turned on the admissibility of the letter, which would have been considered unusable "hearsay" evidence if Schroeder had not ruled that it was a "dying declaration." In such cases, the defendant has no opportunity to face his accuser.