CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Test for Inconsistency
............Refusal to Answer or Silence
2 Cards On This Topic:
  • Silence may be inconsistent statement.
  • When refusing to answer questions at trial, witness cannot be impeached with prior statement; no "statement" exists in current record with which to be inconsistent.