Louisiana Private Investigator Licensing Practice Exam

What is an excited utterance?

1. A statement made to establish credibility

2. A statement regarding a calm event

3. A statement made while under stress of excitement

4. A statement made after thinking carefully

The correct answer is: A statement made while under stress of excitement

An excited utterance is defined as a statement made while a person is under the stress of excitement or in a heightened emotional state, often as a spontaneous reaction to an event. This legal concept falls under hearsay exceptions in many jurisdictions, particularly in legal contexts, where the focus is on the reliability of the statement due to the immediacy of the reaction. Because the statement arises from an intense emotional response, it is less likely to be fabricated or influenced by reflection, making it more credible for legal purposes. This concept is important in investigations and legal proceedings, as it allows for the introduction of statements that might otherwise be considered hearsay, providing insight into an event from the perspective of an individual who experienced it in a moment of emotional upheaval. Emotional stress and lack of premeditated thought contribute to the validity of the statement made, which is why this type of utterance is treated differently than those made in calmer, more controlled environments.