Louisiana Private Investigator Licensing Practice Exam

What is defined as a statement relating to a startling event made while the declarant was excited?

1. Excited utterance

2. Present sense impression

3. Reputation statement

4. Medical statement

The correct answer is: Excited utterance

An excited utterance is defined as a statement made by a declarant during or immediately after experiencing a startling event, where the individual is still under the stress of that event. This legal concept is rooted in the hearsay exception, which allows such statements to be admissible in court due to the belief that they are less likely to be fabricated, as they are made spontaneously and without time for reflection or deliberation. In the context of this question, the defining characteristic of an excited utterance is its immediate connection to the startling event, reflecting the declarant's emotional state at that time. It is important to recognize that this differs from other options like present sense impression, which pertains specifically to statements that describe or explain the event while it is occurring. Reputation statements generally relate to what a community knows about a person and aren't made as a reaction to an incident. Medical statements focus on conditions and diagnoses, rather than the immediate emotional response related to an event. The uniqueness of the excited utterance lies in its spontaneous nature, directly tied to the declarant's emotional reaction at the moment.