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Statement Against Penal Interest
In United States law, a statement against penal interest is a statement that puts the statement-maker at risk of prosecution. It is the criminal equivalent of a statement against interest, a statement a person would not normally make, which would put them in a disadvantaged position to that they would have had if they had not made the statement in the first place. In certain circumstances, it can be a factor in allowing as evidence statements that would otherwise be excluded through the law of hearsay Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ....See Fed. R. Evid. 804(b)(4), available at https://www.law.cornell.edu/rules/fre References Against penal interest United States criminal law United States evidence law {{criminal-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statement Against Interest
In United States law, a statement against interest is a statement made by a person which places them in a less advantageous position than if they had not made the statement and is, as a consequence, deemed credible as evidence (usually within a legal trial). For example, if a driver in an automobile accident boasts publicly that they were speeding, it may represent a legal admission of liability. It is analogous to the criminal equivalent, the statement against penal interest which is a statement that puts the person making the statement at risk of prosecution. In the United States federal court system and many state courts, statements against interest by individuals who are not available to be called at trial (but not other persons) may be admitted as evidence where in other circumstances they would be excluded as hearsay. Under thFederal Rules of Evidence Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statements (law)
Statement or statements may refer to: Common uses *Statement (computer science), the smallest standalone element of an imperative programming language *Statement (logic), declarative sentence that is either true or false *Statement, a declarative phrase in language (linguistics) *Statement, a North American paper size of 5 1⁄2 in × 8 in (140 mm × 203 mm), also known under various names such as half letter and memo *Financial statement, formal summary of the financial activities of a business, person, or other entity *Mathematical statement, a statement in logic and mathematics *Political statement, any act or nonverbal form of communication that is intended to influence a decision to be made for or by a group *Press statement, written or recorded communication directed at members of the news media *Statement of Special Educational Needs, outlining specific provision needed for a child in England *Witness statement (law), a signed document recording the evidence given by a perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Criminal Law
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Parties to a crime The parties or participants in a crime include the principal and accessory. A principal is a person directly involved in a crime. There are two types of principals: * Principal in the first degree, the person that commits the crime. * Principal in the second degree (accomplice), someone that aids, counsels, assists or encourages the first degree principal. Presence is required for a party to be considered 2nd degree, with constructive presence being sufficient. Both principals are punished equally and are equally liable for the crime the other commits. An accessory is a person who helps commit the crime without being present. Accessories are generally punished less severely than the principal. There are two types of accessory: * An accessory before the fact is a person who encourages or helps another commit a crime. Statues grou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
