Define "conduct that is not meant to communicate" is relation to the hearsay rule. Provide an example
What will be an ideal response?
If a person is engaging in conduct that is not meant to communicate, this would generally not be treated as hearsay because there is no attempt to be assertive. An example would be when a police officer testifies: "I showed Ms. (rape victim) a display of seven photographs. When she saw the picture of X (the defendant), she gasped and began to cry." This is not hearsay because the rape victim's conduct is not meant as a communication even though it creates the indirect inference that she believes the defendant was the person who raped her.
You might also like to view...
Which of the following best describes the responsibility of the executive branch in criminal law?
A. the detection, investigation, and prosecution of criminals B. the determination of what behavior is criminal C. the creation of written law prohibiting behavior found to be dangerous or undesirable by society D. the trial of alleged criminals
Which of the following is NOT one of the primary motivations for computer intrusion in contemporary society?
a. revenge b. political motives c. to benefit others d. boredom
Incarcerated women report being subjected to the most violence between the ages from _____ to _____.
a. 35; 44 b. 25; 34 c. 15; 24 d. 5; 14
Brock was in the market for his first motorcycle. All of his friends had them and regularly went on long group rides. He knew he wanted something older because he preferred the style but he didn’t know much about the engine size. The bigger the engine the more power the bike has and he looked at bikes with engine sizes ranging from 250 cc to 1500 cc. He decided on the bike with the 1500 cc engine. It was extremely powerful and he knew it. He let his younger brother borrow the bike for a weekend ride with friends. The brother ended up in wrecking the bike and it was likely totaled. The police report stated that he revved the engine, attempted to do a wheelie (a move which he knew was risky), and the bike threw him off the back. If the brother is charged with a crime, which level of
mental culpability is most appropriate? a. purposely b. knowingly c. recklessly d. negligently