What is an assertive statement and give examples of both assertive and non-assertive statements
What will be an ideal response?
An assertive statement is one in which the declarant intends to communicate his or her thoughts or beliefs. An example would be when Witness W testifies: "My brother (X) told me that he shot my dad because he thought my dad was planning to kill him." This is hearsay and not admissible because it is an assertive statement. There is no opportunity to test the accuracy of this statement by cross-examination unless the brother is brought into court. If the brother is the defendant in this trial, however, this would be an incriminating statement that would be admissible under Federal Rule of Evidence.
An opposing example would be when
Witness W testifies: "I heard my brother (X) mutter 'I killed my dad' in his sleep." This is not hearsay because X, while sleeping, did not intend to communicate a
thought or belief.
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A) Byrne v. Boadle. B) Estes v. Texas. C) Davies v. Mann. D) None of the above.
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a. Japan b. United States c. Canada d. Austria