As with most legal principles, the hearsay rule has many exceptions. Under the excited utterance exception...

As with most legal principles, the hearsay rule has many exceptions. Under the excited utterance exception to the hearsay rule some statements made out of court may be repeated inside of court. What is the rationale that an excited utterance is probably truthful? Construct a hypothetical example where an excited utterance made under the stress of the moment should be admissible in a criminal trial.

Expert Solution

An excited utterance is probably truthful

The rationale behind this exception to the hearsay rule is that when a statement is made as an immediate response to a schocking statement then in most cases it won't be a lie as the statement can be seen as a reflex action. According to many psychological studies a human mind needs time to frame a lie and in cases that a lie is framed in less time it is not generaly in an excited response to a statement. In such situations a person tends to speak truth in spur of the moment and excitement generated in the mind at that moment won't let a person lie as easily as in other situation.

For Example-

A suspected murder in form of an accident took place on a street where the cctvs were non functional but the man who took the victim to the hospital asked the homeless man who was attending the victim when he reached there,his words in shocking state of mind were, "a car crashed the victim's car twice and two other people in car shouted kill him, kill him while their car crashed into the victim's car". Now the homeless man could not be found at the time of the hearing of the case but the man who took the victim to hospital told his exact words to the court and an incident that could have been seen as an accident changed in an attempt of muder due to the words of that homeless man as they were in the spur of the moment and he wasn't in a drunk situation as described by the other man and his words were said in an absolute shocked state without any hesitation whatsoever. Though there were chance that it was not a preplanned murder but something that happened at the moment in a drunk state but those words certainly proved that it wasn't a mere accident and the cases on them would be completely different from that of an accident.

keosha answered 1 month ago

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