What is an excited utterance?

An excited utterance is defined as a spontaneous statement made by a person during or immediately after experiencing a startling event, while under the influence of the excitement caused by that event. This kind of statement is considered to be more reliable than other types of statements because it is made in a moment of emotional response, leaving little room for fabrication or thoughtful deceit.

In legal contexts, excited utterances are typically admissible as exceptions to the hearsay rule. This means that they can be used as evidence in court despite the general prohibition against hearsay, which is a statement made outside of court that is offered for the truth of the matter asserted. The rationale is that the stress or excitement of the situation usually prevents the speaker from lying or altering the truth.

The other options do not capture the essence of what defines an excited utterance. A premeditated statement in court and a formal declaration made after a trial are both structured and intentional, lacking the spontaneity crucial to an excited utterance. A statement made without legal representation does not relate to the concept of excited utterances, as it does not emphasize the immediacy and emotional context associated with the statement itself. Thus, identifying an excited utterance as a spontaneous statement made during a shocking event is