Hearsay Evidence : The Excited Utterance Exception

E~  Excited Utterance

E~  Evidence;     E~ Exception

E is for the excited utterance  hearsay exception to the evidence rules.
 


In a court proceeding, the accused has a constitutional right to confront his accuser and implicit in that right it the right, through his attorney to cross examine any witness who testifies against him or on behalf of the government. As a result, "hearsay" is inadmissible.  By its very nature, hearsay evidence is presumed unreliable.


Hearsay~ "Hearsay" is a statement (either an oral or written statement-or nonverbal conduct), other than the one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted.


Hearsay is an island surrounded by a sea of exceptions.

An Excited Utterance is one of those exceptions. 


     " A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition."


The basis for this exception is the spontaneity of the declaration.


     "Help, help. that man tried to kill me."


     "Oh my god, I can't believe you just ran into the back of that car."


     A 911 call: " A man is breaking into my home."

Statements made under circumstances where there is a sufficient basis for trustworthiness and reliability.

For this exception, it is believed that a person who utters something during a startling event does not have time to form a non-truth. When we utter statements while under stress of an exciting or startling event, we generally speak the truth. This is of of course a very abbreviated article. The topic of hearsay exceptions is the subject of many legal books.

Can you think of an excited utterance, that would qualify as an exception to the hearsay rule?

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Also, if you are not already following Jessica Bell's Blog, The Alliterative Allomorph,  you will want to check it out. She is hosting a prize give-a-way during the challenge.  Every two days she will draw a random name and the lucky winner will receive a free download of one of her albums.  All you have to do is follow her blog and leave a comment.

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5 comments:

  1. Hi there Melissa, your blog is sure decorated nicely, I love pink and black together. You stopped by my blog today, so I thought I would come on over here and see what kind of alphabet soup you were serving up. Nice post! I enjoy a good play on words, and the photo with the quote above it was excellent. I am following you now too!

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  2. Wow! Thanks for mentioning me! :) Appreciate it! Excited utterance? Well, I've just woken up with a headache so not sure I can think of now right now ... lol :-/

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  3. Hey there! Popping in courtesy of the A to Z challenge :) I have to say that  I absolutely ADORE your blog layout!!!! It's so much fun to look at, so cute but not cutesy. The perfect blend of colors and patterns and designs!

    Hope that the rest of your monthly challenges go off without a hitch <3

    *~* Julia *~* http://beautifullywhimsical.blogspot.com *~*

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  4. Captain Jean Luc Picard definitely springs to mind. The line must be drawn here, no further! I will make them pay for what they have done! ..... and he did!

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  5. I couldn't do the  network blogs thing because I'm not on FB, but i joined linky :-)

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