Which type of evidence refers to statements made under a sense of impending death?

The type of evidence that refers to statements made under a sense of impending death is known as a dying declaration. This legal principle is rooted in the belief that individuals who are aware they are nearing death are more likely to tell the truth, as they have no incentive to lie. Dying declarations can be used in court proceedings, particularly in homicide cases or other serious crimes, to provide insight into the circumstances surrounding the individual’s death.

The credibility of a dying declaration stems from the emotional and psychological state of the individual at the time they make the statement; they tend to express their final thoughts or recount events they deem important. Courts often admit these statements as evidence under specific circumstances, such as when the declarant is unavailable to testify.

In contrast, the other types of declarations mentioned have different contexts: spontaneous declarations refer to statements made in the heat of the moment, former testimony involves statements made in previous judicial proceedings, and past recollection recorded involves a witness's memory being refreshed by a previous record. Each serves unique purposes in legal proceedings, but only dying declarations specifically pertain to statements made in contemplation of death.