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View Diary: Reports: Dzhokhar Tsarnaev confessed before Miranda rights, then fell silent (226 comments)

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  •  conspiracy law (8+ / 0-)

    admits the statement of one member against all of them
    as long as each member has made an over act to further the conspiracy.

    Say 5 people conspire to murder a man, P1 buys a gun, P2 buys bullets, P3 buys a map of his home and neighborhood,
    P4 Buys masks and gloves, P5 rents a hideout.

    If P4 while buying the gloves asks the clerk "Will these gloves resist shock, because i'm going to shoot a MoFo."

    well that is going to get admitted against all of them.

    "Federal Rule of Evidence 801(d) (2) (E) is the modern codification of the coconspirator exception to the hearsay rule.' For a statement, otherwise hearsay, to be admissible under the exception, the statement must be "offered against a party and ... [be] a statement [made] by a coconspirator of a party during the course and in furtherance of the conspiracy."'

    doesn't matter,  they have that admission, which is really just icing on the cake.

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