An excited utterance refers to a statement made by a person in a state of excitement or shock, without having the opportunity to reflect or deliberate on their words. It is a spontaneous and immediate response to a particular event or situation. The output of an excited utterance is the statement itself, which may reveal the person’s genuine emotions, thoughts, or reactions at that moment.
An excited utterance is a statement made by a person during a highly stressful or emotional situation, which is considered to be more reliable and truthful because it is made without the opportunity for the person to reflect or fabricate the statement.
An excited utterance can be used as an exception to the hearsay rule, allowing the statement to be admitted as evidence in court even though it is technically hearsay. This is because the statement is considered to be made under the stress of the event and therefore more reliable.
The statement must be made spontaneously during a startling event, without the opportunity for the person to reflect or fabricate the statement. The event must also be the cause of the person’s excitement or stress.
No, not all statements made during a stressful situation qualify as excited utterances. The statement must meet the specific requirements of being spontaneous and related to the startling event.
Yes, excited utterances can be used as evidence in both criminal and civil cases, as long as they meet the requirements for admissibility.
It is possible for a statement made shortly after the initial excitement to still be considered an excited utterance, as long as it is still related to the startling event and made without the opportunity for reflection.
The court will consider the circumstances surrounding the statement, including the timing, the nature of the event, and the demeanor of the person making the statement, to determine if it qualifies as an excited utterance.
Yes, a statement made to a police officer can be considered an excited utterance if it meets the requirements of being spontaneous and related to a startling event.
Yes, a statement made over the phone or through a text message can still be considered an excited utterance if it meets the requirements of being spontaneous and related to a startling event.
It is possible for a statement made while under the influence of drugs or alcohol to still be considered an excited utterance, as long as it meets the requirements of being spontaneous and related to a startling event. However, the court may consider the person’s impaired state when evaluating the reliability of the statement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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