Evidence Commons^™

Crying Wolf Or An Excited Utterance - Allowing Reexcited Statements To Qualify Under The Excited Utterance Exception, Jone Tran

Cleveland State Law Review

It is clear that the reexcitement analysis has both benefits and detriments. Reexcitement may be a basis for admission of evidence in cases where the danger of influencing during the calm period is somehow obviated-as in the recent Crawford opinion. Because of the heightened danger of undue influence in reexcitement cases, the courts should require corroborating evidence that the declarant did not confide in anyone during the intervening period of calm, to reduce the chance of outside pressures and influences. Congress should provide an amendment to the Federal Rules of Evidence expressly allowing for reexcitement, but also requiring either physical …