His name was…. Means that he thinks her is ….
If the theory of D’s counsel’s insanity evidence is that the D believes that he is JJ,
this evidence is hearsay. in that case, D’s counsel’s intended chain of inferences
is: D said he is JJ; therefore, he thinks he is JJ; therefore he is insane.
his words are being offered to prove that he meant to communicate.
i.e. a police officer’s testimony that the store-owner told her after the robbery, “I never
rang up a single sale all night”-if offered by the prosecutor to prove that there probably
were no customers in the store at the time of the robbery.
Immediate fact (that the store-owner did not ring up a sing sale all night) is a
necessary link in a chain of inferences leading to the intermediate fact (that there
had been few customers all night), which in turn leads to the ultimate fact (that
the store was probably empty of customers at the time of the robbery.)
Therefore, the statement is being offered to prove that what it asserts-what the
store owner meant to communicate- and is hearsay.
Silence is not an assertion: a person, by remaining silent, does not intend to make an
i.e. The testimony of A that he received no other reports of robberies that night-if offered
by the prosecutor to prove there were no other robberies in the area that night.
A is on the stand, no out of court statement.
Silence issue: the residents are silent. There is no reason to think that the silent
citizens meant to assert, by not calling the police, that they had been robbed.
Belief is not an assertion: letter, diary…
License plates, or plastic coffee stirrers bearing the store’s name and logo:
General no communicative intent, we need not rely on the truthfulness or other
testimonial capacities of the car’s owner or the plate’s maker or anyone else to prove the
car came from Wyoming. We know it is likely to have come from the state because it had
to be registered in the state to be issued the plate.
IF someone stole the plate and fixed it to this car to suggest to police that the car, actually
from someplace else, the plate would bear the communicative intent of the plate’s thief.