Florida 911 Public Safety Telecommunicator (PST) Practice Exam

Can an excited utterance be used in court to assist in prosecution?

1. Yes, it is often admissible

2. No, it cannot be used

3. Only if recorded

4. It varies by state

The correct answer is: No, it cannot be used

An excited utterance is a statement made impulsively during a state of excitement or shock, which may be considered an exception to the hearsay rule in court. This means that it can be admissible as evidence, provided it meets certain conditions. The rationale behind this admissibility is that the excitement or stress of the situation likely prevents the speaker from fabricating or lying about the statement. In many jurisdictions, including under Florida law, excited utterances can indeed assist in prosecution because they are viewed as reliable due to the spontaneous and unreflective nature in which they are made. Therefore, the assertion that such statements cannot be used at all is incorrect. The other options do not accurately reflect legal principles surrounding excited utterances. While recording might enhance verifiability, it is not a requirement for an excited utterance to be admissible. Additionally, while the rules governing the use of excited utterances may vary slightly from one jurisdiction to another, the general principle of admissibility holds firm across many legal systems, including Florida's.