Evidence-Wellborn SU2006 Outline

Procedural posture at trial the gov sought to connect

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Unformatted text preview: Example adoptive admission. University president's acceptance of contents of grievance committee's report and his implementation of its recommendations w/o disclaimer served as an adoption of the report. Example Admission by acquiescence or silence. "When an accusatory statement is made in the D's presence and hearing, and he understands and has an opportunity to deny it, the statement and his failure to deny are admissible against him" But note, post-arrest silence of accused who has received the Miranda warnings may not be used against the accused. If the Miranda warnings have not been given, however, silence of an accused after an arrest may be used if otherwise relevant and admissible. Example Not admission by acquiescence or silence. "The mere failure to respond to a letter does not indicate an adoption unless it was reasonable under the circumstances for the sender to expect the recipient to respond and to correct erroneous assertions." UNITED STATES v. MORGAN [Hearsay Exception: Statement by Party-O...
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