Sunday, August 11, 2019

Brief a case Essay Example | Topics and Well Written Essays - 500 words - 2

Brief a case - Essay Example The appellant offered to take her to where she was going. She did not accept the offer and continued walking. She then saw the victim standing next to his van. The appellant took the victim by the neck at gun point in an attempt to get her into his van against her will. However, the victim was able to free herself and ran home, where she telephoned the police. Legal Reasoning: Pursuant to Florida Statute Section 90.803(2) (2001), an excited utterance is an exception to the rule against hearsay when the statement/excited utterance relates to a â€Å"startling event or condition† and is made while the maker of the statement/excited utterance â€Å"is under duress† (Bell v State, 2003). An excited utterance is made when the event causing excitement is â€Å"startling enough to cause excitement† (Bell v State, 2003). The statement is required to have been made â€Å"before there was time to contrive or misrepresent† (Bell v State, 2003). The statement must also be made when the speaker is â€Å"under the stress of excitement caused by the event† (Bell v State, 2003). In order to be an excited utterance, it is not necessary for the statement be made in a manner contemporaneous to the event causing excitement. All that is necessary for establishing an excited utterance is that the speaker is excited when the s tatement is made. Pursuant to Section 90.803(2) an excited state of mind may persist for a while following the event. It is for the court to determine whether or not the statement was made in an excited state. In determining whether or not the speaker made the statement in an excited state of mind the court may consider the speaker’s age, mental and physical conditions, the event itself and the contents of the statement. According to the responding officer’s evidence, the victim was clearly hysterical and scared when he arrived at her home. She was too

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.