What defines an excited utterance?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

An excited utterance is defined as a statement made while an individual is experiencing a high level of stress or excitement due to a shocking event or situation. This concept is grounded in the idea that such statements arise from the excitement of the moment, making them spontaneous and likely to reflect the declarant's true feelings or perceptions. The legal principle behind this is that the immediacy and emotional intensity of the situation reduce the likelihood of fabrication, thus allowing these utterances to be admissible as evidence under the hearsay exception.

In contrast, statements made at a leisurely pace or after excitement has subsided (as suggested in the other options) may not meet the criteria for spontaneity and freshness of impression necessary to be categorized as excited utterances. Additionally, statements that provide detailed background information are typically more reflective and thus would lack the immediacy and emotional impact that characterize excited utterances. Therefore, the defining feature of an excited utterance is indeed that it is made while a person is under the stress of excitement from an event.

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