When Is Evidence of Silence Not an Adoptive Admission?

Evidence Code § 1221 sets forth the conditions for admitting a person’s silence as a reaction to a statement that would normally elicit a response if someone were innocent or not guilty of certain conduct that may amount to a crime or an element of a crime.  However, this provision in the Evidence Code is often stretched by prosecutors to suggest a suspect is guilty of an offense when the lack of a response has an alternative, reasonable explanation.  To exemplify this type of stretching that is improper, please click on the following link for a summary of a recent appellate court ruling – https://www.greghillassociates.com/when-is-evidence-of-silence-not-an-adoptive-admission.html

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