Using Excited Utterances to Prosecute Domestic Violence in New York: The Door Opens Wide, or Just a Crack?

Holland, Brooks

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 8

First Page: 171

Year: 2002

Bluebook Citation: 8 CARDOZO J. EQUAL RTS. & SOC. JUST. 171 (2002)

Author: Brooks Holland: all 10 publications


Abstract

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

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