In
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 v ...
, 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
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 le ...
, 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
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