Excited utterance
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Evidence |
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An excited utterance, in the
Under the
Spontaneity of the declarant is a key to admissibility. An excited utterance does not have to be made at time of the startling event, but must be made while the declarant is still in a state of surprise or shock from the incident. The declarant's reflective powers must be stilled, meaning that, while making the statement, the declarant would not have had a chance to reflect upon the startling event, fabricate a purposefully false statement, and then say it. If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance. However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and "unstills" his or her reflective powers.
Spontaneity is established by the declarant's demeanor, time lapse, and content of the statement. Declarant's appearance of calmness at time statement lessens admissibility. Time lapse between the startling event and the statement is a factor for both admissibility and weight. A statement made long after the event may be deemed less spontaneous than one made contemporaneously or shortly after. Outer limit of the permissible time lapse can only be determined from the circumstances of a particular case. For example, if a declarant made a statement six days after a car crash due to the extent of his injuries, admissibility of the statement is diminished because of the significant passage of time. However, if evidence shows that he was continuously distraught and did not yet have a chance to reflect upon the crash, the statement could be admissible but may have less weight than if the statement had been made one hour after the crash. A complete and detailed statement may infer the lack of spontaneity, as a narrative of a past completed event would require the declarant's reflection and organization. A similar case involved a woman who had been in a coma for thirty days following a car crash. When she awoke and was told what had happened she exclaimed "I must have fallen asleep!" At trial, her statement was admitted even though a month had passed because the startling event was perceived to be the telling of the news, as opposed to the crash itself.
Notes
- ISBN 0314199500.
- ^ "Rule 803. Exceptions to the Rule Against Hearsay". LII / Legal Information Institute. Retrieved 2020-11-19.
See also
- Kinsley gaffe