Excited Utterance

Definition

An excited utterance is a statement made by a person during or immediately after a startling event, which reflects that person's emotional state at the time. This type of statement is considered an exception to the hearsay rule in evidence law, as it is believed to be spontaneous and less likely to be fabricated, allowing it to be admissible in court under certain conditions.

5 Must Know Facts For Your Next Test

1. To qualify as an excited utterance, the statement must be made while the speaker is under the stress of excitement caused by a startling event.
2. The timeframe for making an excited utterance can vary, but it typically needs to occur immediately after the event for its spontaneity and reliability to be considered valid.
3. Excited utterances are often used in criminal cases where a witness reports their immediate reaction to a crime or accident, helping to establish context.
4. The legal rationale for admitting excited utterances is based on the belief that individuals are less likely to lie when speaking out of shock or excitement, making their statements more credible.
5. Courts may exclude excited utterances if they determine that enough time has passed since the event for the speaker to reflect and fabricate their response.

Review Questions

• What conditions must be met for a statement to qualify as an excited utterance under evidence rules?
  • For a statement to qualify as an excited utterance, it must be made by a person while they are experiencing excitement or stress from a startling event. Additionally, the statement should be made spontaneously and without reflection after the event occurs. The immediacy between the event and the utterance plays a crucial role in determining its admissibility in court.
• Discuss how excited utterances differ from other forms of hearsay and why they are treated as exceptions.
  • Excited utterances differ from other forms of hearsay in that they are considered more reliable due to their spontaneous nature. While hearsay generally includes statements made outside of court that cannot be cross-examined, excited utterances occur when a person is under emotional stress, reducing the likelihood of fabrication. This spontaneity leads courts to treat them as exceptions to the hearsay rule, recognizing their potential value in establishing context and credibility in legal proceedings.
• Evaluate the implications of admitting excited utterances as evidence in legal proceedings and their impact on judicial outcomes.
  • Admitting excited utterances as evidence can significantly impact judicial outcomes by providing juries with immediate emotional reactions related to critical events. This type of evidence can enhance the credibility of testimonies and establish important context around incidents such as crimes or accidents. However, there is also a risk of bias if jurors are swayed by the emotional weight of these statements without considering their reliability over time. Thus, while excited utterances can support a case, they must be evaluated carefully within the broader context of all evidence presented.

Related terms

Hearsay:

A statement made outside of court that is offered as evidence to prove the truth of the matter asserted, typically not admissible unless an exception applies.

Present Sense Impression: A statement made describing or explaining an event or condition while the event is occurring or immediately thereafter, also an exception to the hearsay rule.

Spontaneous Statement: A declaration made without premeditation or reflection, often related to events that provoke strong emotions and can be accepted as evidence in court.