Evidence · Excited Utterance
Clear answer to: Is It Possible To Excited Utterance in Evidence? with key cases, examples, and exam tips for law students.
Yes, excited utterances can be admissible in evidence as an exception to the hearsay rule if they are made under the stress of excitement caused by a specific event.
An excited utterance is a statement made by an individual while under the stress of excitement caused by an event or condition. This statement is considered an exception to the hearsay rule because it is assumed that the individual is speaking without the ability to fabricate, thus providing a level of reliability. The Federal Rules of Evidence (Rule 803(2)) outlines that a statement is not excluded by the hearsay rule if it relates to a startling event or condition and is made while the declarant was still under the stress of excitement that it caused.
For an excited utterance to be admissible, three key components must be satisfied: (1) a startling event must have occurred; (2) the declaration must relate to the event; and (3) the declarant must be in a state of excitement at the time of making the statement. It is crucial to evaluate the timing and context of the utterance to ensure the declarant was not yet able to regain reflective capacity when the statement was made.
Moreover, courts routinely assess factors such as the time elapsed between the event and the statement, the nature of the event, and the mental state of the declarant to determine if the criteria for an excited utterance are met. For example, a witness to an accident who exclaims
A bystander witnesses a robbery and immediately shouts, 'That man stole my purse!' This statement, made while the bystander is still shocked and excited by the event, is likely to be admissible as an excited utterance in court.
Exam questions may involve scenarios requiring identification of excited utterance criteria, including assessing the declarant's state of mind and the nature of the event.