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Simple English definitions for legal terms

excited utterance

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A quick definition of excited utterance:

An excited utterance is when someone says something right after a scary or surprising event happens. This kind of statement is allowed in court even if it would normally be considered hearsay (when someone repeats what someone else said). This is because people usually don't have time to make up lies when they're still feeling scared or surprised. But the statement has to be made while the person is still feeling that way, and it can't violate the rule that says a defendant has the right to question the people who say things against them in court.

A more thorough explanation:

An excited utterance is a statement made by someone who has just experienced a shocking or startling event. This statement is made while the person is still under the stress of the event and is considered an exception to the hearsay rule in the Federal Rules of Evidence.

In order for a statement to be considered an excited utterance, it must meet certain criteria:

  • The statement must be made while the person is still under stress from the event.
  • The statement must not breach the Sixth Amendment rights of the defendant.
  • The statement must not be considered testimonial.

Statements made soon after the event are more likely to be considered excited utterances, as the person has not had time to contemplate or fabricate their statement. Physical appearances of stress and an unsettled voice may also help determine if a person was still under stress from the event.

However, if the statement is considered testimonial, it may not be admissible in court. Testimonial statements are those that attempt to recall the details of the event and may breach the confrontation clause of the Sixth Amendment.

After witnessing a car accident, a bystander immediately says, "Oh my God, that was so scary! The red car came out of nowhere and hit the blue car!" This statement would be considered an excited utterance because it was made while the person was still under stress from the event and was not made with the intention of providing evidence in court.

excise tax | exclusionary rule

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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