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In United States law, a declaration (or statement) against interest is an exception to the rule on hearsay 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 ...
The word "admission" connotes that the statement must be harmful. However, the party admission exemption does not in any way require that the admission be a representation against the party's interest – a "statement against interest." "Statements against interest" made by other witnesses are sometimes admissible over the hearsay exception ...
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 that they would have had if they had not made the statement in the first place.
A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible: to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases. [1] At common law, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the ...
Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment.
Mutual Life Insurance Co. of New York v. Hillmon, 145 U.S. 285 (1892), is a landmark U.S. Supreme Court case that created one of the most important rules of evidence in American and British courtrooms: an exception to the hearsay rule for statements regarding the intentions of the declarant. [1]