What is an Excited Utterance?

Generally speaking, any statements that meet the definition of “hearsay” cannot be used against a person who is facing criminal charges. However, there are a wide range of exceptions to Indiana’s rule against hearsay. And even before we get to the exceptions to the rule against hearsay, the definition of hearsay itself is complex and can often give rise to courtroom disputes about whether a particular statement actually constitutes “hearsay” under the Indiana Rules of Evidence.

One commonly cited exception to Indiana’s rule against hearsay is something known as an “excited utterance.” Our Indiana criminal defense lawyers can tell you more about the excited utterance, and we can assist you with your defense and any concerns you have about hearsay being used against you in the criminal proceedings you are facing.

What is Hearsay?

In order to understand the “excited utterance,” you need to understand what “hearsay” means  —  you cannot understand an exception to the rule against hearsay if you do not understand the meaning of hearsay itself.

Rule 802 of the Indiana Rules of Evidence says that “hearsay is not admissible” unless an exception applies. Under the Rules of Evidence, hearsay is defined as “a statement that 1) is not made by the declarant while testifying at the trial or hearing; and 2) is offered in evidence to prove the truth of the matter asserted.” In other words, hearsay is a statement made outside court (or outside a deposition) that is used to prove the truth of something.

Understanding the “Excited Utterance” Exception

An “excited utterance” is defined as an exception to the Rule Against Hearsay, and it is “a statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.”

Generally speaking, hearsay cannot be admitted as evidence in a proceeding because the person who made the statement cannot be cross-examined after making the statement. However, there are a number of exceptions, including those that suggest the nature and circumstances of the statement are such that the declarant (i.e., the person making the statement) could not have lied. The idea with this particular exception  —  the “excited utterance”  —  is that a person will not have the ability to think sufficiently ahead of time when startled or under the excitement of the moment such that they could come up with a lie. The “excited utterance,” in that sense then, is inherently honest.

Contact an Indianapolis Criminal Defense Lawyer for Help with Hearsay Issues in Your Case

The existing rules against hearsay can be complicated to understand, but one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can assist you with any concerns you have about certain statements being used as evidence against you in a criminal case. Even if the prosecution is arguing that a particular statement constitutes an exception to hearsay as an “excited utterance” or another exception, we can work to show that Indiana’s exceptions to the rule against hearsay do not apply to that particular statement. Contact our firm today to have your hearsay questions answered and to get to work on a defense strategy for your case.

Source:

rules.incourts.gov/Content/evidence/rule803/current.htm