When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule?

California, United States of America


The following excerpt is from People v. Barrera, C085232 (Cal. App. 2019):

admissions, and are admissible on that basis as a well-recognized exception to the hearsay rule.' " [Citation.]' [Citation.] 'Being deemed the defendant's own admissions, we are no longer concerned with the veracity or credibility of the original declarant. Accordingly, no confrontation right is impinged when those statements are admitted as adoptive admissions without providing for cross-examination of the declarant.' [Citation.] Stated another way, when a defendant has adopted a statement as his own, 'the defendant himself is, in effect, the declarant. The "witness" against the defendant is the defendant himself, not the actual declarant; there is no violation of the defendant's right to confront the declarant because the defendant only has the right to confront "the witnesses against him." [Citations.]' [Citation.]" (People v. Jennings, supra, 50 Cal.4th at pp. 661-662.)

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