Which of the following qualifies as 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 by a declarant while under the stress or excitement of a startling event or condition, which is considered an exception to the rule against hearsay. The key aspect of an excited utterance is that it occurs spontaneously in response to a startling event, reflecting the declarant's emotional state without the opportunity for reflection or fabrication.

In the correct choice, a spontaneous statement made in response to a startling event exemplifies the essence of an excited utterance. This situation typically involves a high level of emotional response from the individual, which can diminish their ability to fabricate or alter the truth of what they are saying. As such, it is regarded as a reliable form of evidence.

The other choices do not meet the criteria for an excited utterance. Statements made during a heated argument might involve strong emotions, but they typically do not arise spontaneously from a startling event, making them less reliable. Deliberate testimony during a court appearance involves a considered and structured account of events, which lacks the spontaneity needed for an excited utterance. Similarly, a written account of past events is reflective and does not occur in the moment of excitement or stress, thus failing to meet the parameters of an excited utterance.

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