What is an excited utterance?

An excited utterance refers to a spontaneous statement made by an individual while experiencing a stressful or startling event. This legal concept is significant in the context of evidence, as it is considered trustworthy due to the immediacy and emotional context in which the statement was made. The law generally allows such utterances as evidence in court because they are viewed as unlikely to have been fabricated, given the intensity of the situation influencing the speaker.

The characteristic that defines an excited utterance is the lack of time for reflection or fabrication, which means the individual’s response is based on their immediate perceptions and emotional state. This principle is rooted in the belief that when a person is under stress, they are more likely to speak truthfully about what they are experiencing at that moment.

In contrast, other options describe different types of statements. A premeditated statement would not qualify as spontaneous or related to emotional distress; a carefully considered statement implies deliberation and control, which are not present under stress; and a formal declaration in court is a structured legal statement that differs fundamentally from the nature of excited utterances.