1512

The defense should argue that silence under these circumstances is ambiguous. Cosby has not clearly indicated he accepts the truth of the accusation. The "adopted admission" rule requires that the failure to deny take place under circumstances in which an ordinary person would be expected to deny. In this problem, there is clearly a long-standing public dispute about the accusations against Cosby. Lots of these allegations have been made before, and the media ignores Cosby’s denials. Given the situation -- on his way somewhere with his wife -- Cosby’s decision not to debate Moritz about the accuracy of her accusation is just as likely to be a conscious decision that discussion with her is pointless and would only disturb his wife and guests.

Questions? Email tanford@indiana.edu and refer to 1512

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