In
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
law, a declaration (or statement) against interest is an exception to the rule on
hearsay
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, inadmissible (the "hearsay evidence rule") unless an exception ...
in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not have made the statement unless they believed the statement was true. For example, if a driver in an automobile accident boasts publicly that they were speeding, it may represent a legal admission of liability. The Federal Rules of evidence limit the bases of prejudices to the declarant to tort and criminal liability. Some states, such as California, extend the prejudice to "hatred, ridicule, or social disgrace in the community." It is analogous to the criminal equivalent, the
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 wou ...
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
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, inadmissible (the "hearsay evidence rule") unless an exception ...
.
The admissibility of evidence under the declaration against interest exception to the hearsay rule is often limited by the
Confrontation Clause of the
Sixth Amendment.
A declaration against interest differs from a
party admission because here the declarant does not have to be a party to the case but must have a basis for knowing that the statement is true. Furthermore, evidence of the statement will only be admissible if the declarant is unavailable to testify.
Codes
Under th
Federal 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 the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; and
(B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability." See Fed. R. Evid
804(b)(3) The rule was last amended on December 1, 2010. Se
Legislative History (with links to key documents).
Under California's Evidence Code ยง 1230
defines "Declarations against interest" as:
See also
*
Criterion of embarrassment
References
External links
*https://www.law.cornell.edu/rules/fre/rule_804
Hearsay
Conflict of interest mitigation
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