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The "
excited utterance" rule (Federal Rule of Evidence 803(2)) is a hearsay exception allowing testimony about a statement made while under the stress of excitement from a startling event. It is admissible because the stress likely prevents fabrication. The statement must relate to the event, and the declarant must be under the stress of excitement. Key Aspects of the Excited Utterance Rule:
- Definition: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement caused by the event.
- Purpose: To allow hearsay evidence that is considered reliable because it is made without time for reflection.
- Requirements: The statement must be made while still under the influence of the event.
- Time Factor: While often immediate, the time between the event and the statement is not always strictly limited; it depends on whether the person had time to "cool down" or fabricate a story.
- Examples: Statements made shortly after witnessing a crime, a car accident, or experiencing a traumatic, startling event.
Contextual Distinctions:
- Excited Utterance vs. Present Sense Impression: An excited utterance relates to a startling event, while a present sense impression describes an event while or immediately after perceiving it.
- Not Just for Bystanders: The statement can be made by a participant in or an observer of the event.
- Application: Courts have admitted statements made up to 20 minutes after a shooting, while excluding others made 25 minutes after a fight, demonstrating that the focus is on the state of mind, not just the passage of time.
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