Which statement best describes the excited utterance hearsay exception?

Which statement best describes the excited utterance hearsay exception?

• A. Made after a calm reflection following the event.
• B. A statement relating to a startling event made while the declarant's excitement or physical tension is still present.
• C. A statement recorded by a law enforcement officer.
• D. A statement made for the purpose of impeachment.

Answer: (B)

The key idea is spontaneity under emotional arousal. An excited utterance is a statement about a startling event that is made while the declarant’s excitement or physical tension from the event is still present. The immediacy and emotional stress at the moment are believed to make it less likely the statement is a lie or a crafted fabrication, so courts admit it despite the hearsay rule. The emphasis is on something said right after the event while the person hasn’t had time to reflect and shape a false narrative. If the declarant had time to calm down and reflect, the reliability factor diminishes and the statement typically wouldn’t qualify for this exception. And the other ideas—such as a statement recorded by a law enforcement officer or a statement used for impeachment—do not define this exception, which is specifically about the timing and emotional state of the declarant in relation to a startling event.

The key idea is spontaneity under emotional arousal. An excited utterance is a statement about a startling event that is made while the declarant’s excitement or physical tension from the event is still present. The immediacy and emotional stress at the moment are believed to make it less likely the statement is a lie or a crafted fabrication, so courts admit it despite the hearsay rule. The emphasis is on something said right after the event while the person hasn’t had time to reflect and shape a false narrative.

If the declarant had time to calm down and reflect, the reliability factor diminishes and the statement typically wouldn’t qualify for this exception. And the other ideas—such as a statement recorded by a law enforcement officer or a statement used for impeachment—do not define this exception, which is specifically about the timing and emotional state of the declarant in relation to a startling event.