Legal Definitions - assertive conduct

Definition: Assertive conduct refers to nonverbal behavior that is intended to be a statement, such as pointing one's finger to identify a suspect in a police lineup. It is a type of personal behavior that involves a person doing something by exerting will on the external world.

For example, if a witness points to a person in a lineup and identifies them as the perpetrator, this is considered assertive conduct. It is a statement under the hearsay rule, which means it is not admissible unless a hearsay exception applies.

Assertive conduct is different from nonassertive conduct, which is nonverbal behavior that is not intended to be a statement. For instance, if a suspect faints while being questioned by a police officer, this is nonassertive conduct and is admissible as evidence.

Overall, assertive conduct is a type of behavior that can have legal implications in certain situations, such as criminal trials.