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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