Evidence-Wellborn SU2006 Outline

So what we all know that litanyjust because he wasnt

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Unformatted text preview: to mom who is the father of Snookums and she says "this guy", and he just stands there....the fact that he didn't object when talking to the state, makes it seem as though he likely is the father. o If he wasn't adopting the statement he would have said "No I am not the father.." Would be different however, if the mom was holding a gun to his head....scared to object, so he stayed silent. Would not be an adoptive admission. Post-arrest silence of an accused Prior to Miranda it was commonplace to see alleged admission by silence offered in the following way: Brings in a witness who says that is the guy who robbed me, and then the defendant says nothing...that was admitted! Miranda changes this told to be quiet, and therefore can't use the silence against the defendants anymore! Silence can sometimes be an inconsistent statement....what you will see is, a person will be interviewed by the cops during an investigation, and that person says some things and that's it...and then at trial, because it helps the defendant, she...
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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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