These entail the exceptions for an
excited utterance, present sense
193) These matters include whether an
excited utterance has been made, whether a conspiracy existed, whether a statement was offered for something other than the truth of the matter asserted, and whether "trustworthiness" determinations were found in several hearsay exceptions.
46) This focus is believed to "significantly diminish"--"not unlike that justifying the
excited utterance exception in hearsay law"--"the prospect of fabrication" such that "the Confrontation Clause does not require such statements to be subject to the crucible of cross-examination.
63) The
excited utterance exception applies if a speaker makes a statement relating to a "startling" event while "under the stress of [the resulting] excitement.
30) For example, a statement may be admitted as an
excited utterance because it is made when the declarant is under the influence of a startling event and is therefore less likely to lie.
2008), the court carved out a new rule to determine if an
excited utterance is testimonial--the "on-going emergency rule.
11) One judge in New York put his frustration into writing when he was asked to admit an emergency call to the police under the
excited utterance exception:
52) Crawford addressed the problem of the use of
excited utterance evidence in light of the Confrontation Clause of the 6th Amendment to the United States Constitution.
phone calls: if a statement to a police officer is an
excited utterance,
Given the spontaneous, casual, quick, and often reactive manner in which many e-mail messages are sent, one might expect the
excited utterance exception to provide a vehicle for admitting many e-mail messages into evidence.
The treating nurse was allowed to testify as to what the 13-year-old victim said under the
excited utterance exception to the hearsay rule.
The origins of the
excited utterance exception can be traced to the eighteenth century.
