Evidence-Wellborn SU2006 Outline

If the miranda warnings have not been given however

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Unformatted text preview: y unreliable!! Hearsay Exceptions: Admission by a Party-Opponent Adoptive [FRE 801(d)(2)(B)] FRE 801(d)(2)(B): Statements Which Are Not Hearsay. A statement is not hearsay if The statement is offered against a party opponent and is (A) a statement of which the party has manifested an adoption or belief in its truth. Adoptive admissions. Rule 801(d)(2)(B) covers so-called adoptive admissions, including admissions by silence or acquiescence. Example Adoptive admission. "By reprinting the newspaper articles and distributing them to person with whom defendants were doing business, defendants unequivocally manifested their adoption in the inflated statements made in the newspaper articles." Example Adoptive admission. "Where the government has indicated in a sworn affidavit to a judicial officer that it believes particular statements are trustworthy, it may not sustain an objection to the subsequent introduction of these statements on grounds that they are hearsay." (United States v. Morgan see below)...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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