NOT an exception to the hearsay rule?

• A. Confessions
• B. Dying Declarations
• C. Character Evidence
• D. Spontaneous/Excited Utterance

Answer: (C)

In hearsay law, statements offered for their truth are usually excluded unless they fall into a recognized exception. Confessions count because they are admissions by a party opponent and can be used as evidence. Dying declarations are allowed when the declarant speaks about the cause or circumstances of impending death. Spontaneous or excited utterances are admissible because the excitement of the moment makes fabrication unlikely.

Character evidence, however, does not fit as a hearsay exception. It concerns a person’s character and how that character might relate to conduct on a particular occasion, and it isn’t treated as an exception to the hearsay rule. Therefore, the statement that is not an exception is Character Evidence.