What qualifies as an "excited utterance"?

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An "excited utterance" is defined as a spontaneous statement made in the heat of the moment, typically during or immediately after a stressful event. This doctrine falls under the hearsay exceptions, allowing such statements to be admissible in court because they are made under circumstances that suggest reliability and the absence of reflective thought. The excited state of the speaker diminishes the likelihood of fabrication.

In this context, a spontaneous statement made in response to stress captures the essential characteristics of an excited utterance. This type of evidence is often seen as more trustworthy, as the speaker is driven by their immediate emotions and reactions rather than premeditated thinking. When a person experiences a shocking event, their instinctive response tends to be more truthful, reflecting their true perceptions of the situation.

The other options do not align with the definition of an excited utterance. A calm statement made after serious consideration lacks the spontaneity and emotive urgency required to qualify. Similarly, a detailed memorandum written post-event indicates a reflective process that doesn't exhibit the immediacy associated with excited utterances. Lastly, a documented statement made by an expert witness is typically structured and crafted with care, negating the spontaneous, reactiveness that excited utterances represent.

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