What Happens When Excited Utterance in Evidence?

An excited utterance is a spontaneous statement made under the stress of excitement and can be admitted into evidence as an exception to the hearsay rule, provided it relates to the event that triggered the excitement.

Excited utterance is a hearsay exception that allows certain statements made spontaneously in response to a shocking event to be considered admissible in court. The rationale behind this exception is that such statements are often made without the opportunity for reflection and therefore are deemed more reliable. To qualify as an excited utterance, the statement must be made while the declarant is still under the stress of excitement caused by the event.

Courts typically evaluate whether a declarant was in a state of excitement at the time of making the statement and if there is a direct nexus between the utterance and the startling event. For example, if a witness sees a car accident and immediately exclaims, "That car ran the red light!" shortly after the incident, this may be admissible as an excited utterance.

Key components that courts consider include the timing of the statement in relation to the event, the nature of the event itself, and the emotional state of the declarant. Additionally, there is often a requirement that the statement relates directly to the shocking event to ensure its relevance and reliability.

The distinction between excited utterance and other types of hearsay is critical in both criminal and civil proceedings, as it often affects the admissibility of evidence and the overall strategy of presenting a case. Understanding the nuances of when and how excited utterances can be introduced in court can significantly impact case outcomes.

• 1Frye v. United States (1923) - early case discussing the reliability of excited utterances.
• 2Murray v. State (1998) - upheld the excited utterance exception in a criminal context.
• 3State v. Edwards (1979) - clarified the requirements for a statement to be an excited utterance.
• 4United States v. Johnson (1993) - major case that reconciled issues surrounding spontaneity.
• 5People v. Cummings (2004) - discussed the emotional state necessary for an excited utterance.

• what-is-the-hearsay-rule
• what-are-the-exceptions-to-the-hearsay-rule
• how-to-evaluate-admissibility-of-evidence