What characterizes an "excited utterance"?

An "excited utterance" is characterized by a spontaneous statement made during a moment of stress, excitement, or shock, where the person has little to no time to reflect or fabricate their words. In legal contexts, such statements are considered admissible as evidence because they are thought to be made under the influence of strong emotions, which may limit the person's ability to lie or manipulate the truth.

The choice indicating an incriminating statement made out of shock accurately captures the essence of an excited utterance because it highlights the urgency and emotional core of such a declaration, which can provide an authentic insight into the speaker's immediate perceptions or experiences regarding an event. This aligns with the legal understanding of excited utterances as reliable due to their spontaneity and emotional context.

In contrast, the other options do not accurately represent the nature of an excited utterance. A calm and thoughtful statement reflects deliberation, which contradicts the spontaneous nature required for an excited utterance. A statement made under duress suggests coercion or pressure, lacking the spontaneity of excitement. Moreover, a statement made after consulting legal counsel indicates premeditation and caution, distancing itself from the impulsive and immediate responses that define an excited utterance.