Is evidence of a statement not inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party?

California, United States of America


The following excerpt is from People v. Castaneda, B287541 (Cal. App. 2020):

"Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party . . . ." (Evid. Code, 1220.) The party need not have made the statement himself. Evidence of a statement is not inadmissible "if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth." (Evid. Code, 1221.) " 'Under this provision, "[i]f a person is accused of having committed a crime, under circumstances which fairly afford him an opportunity to hear, understand, and to reply, . . . and he fails to speak, . . . both the accusatory statement and the fact of silence . . . may be offered as an implied or adoptive admission of guilt." ' " (People v. Chism (2014) 58 Cal.4th 1266, 1297.)

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