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Topic: Declaration against interest

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	Interest, by Paul Heyne: The Concise Encyclopedia of Economics: Library of Economics and Liberty
		Interest is conventionally expressed as a percentage rate for a period of one year.
		The standard procedure for calculating compound interest, under which the interest at the end of each year is added to the principal (the amount borrowed), requires borrowers who want to retain command for two years to repay 106.09 percent of the principal, assuming a 3 percent annual rate of interest.
		The interest rate is determined by demand and supply: the demand for present control of resources by those who do not have it, and the supply from those who do have control and are willing to surrender it for a price.
	www.econlib.org /library/Enc/Interest.html (1387 words)

	Hearsay - Wikipedia, the free encyclopedia
		The first is that the credibility of the person being quoted (the out-of-court "declarant") or the declarant's observations cannot be cross-examined by the person against whom the testimony is being offered in court.
		Declarations of present state of mind: Much like a present sense impression describes the outside world, declarant's statement to the effect of "I am angry!" or "I am Napoleon!" will be admissible to prove that the declarant was indeed angry, or did indeed believe himself to be Napoleon at that time.
		declarations against interest: the declarant made a statement, such as confessing to a crime or admitting liability for a tort, that goes so clearly against the declarant's own interest that a reasonable person would not make such an admission unless the person believed it were true.
	en.wikipedia.org /wiki/Declaration_against_interest (2388 words)

	Dying declaration - Wikipedia, the free encyclopedia
		In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person.
		The declarant does not actually have to die for the statement to be admissible, but they need to have had a genuine belief that they were going to die, and they must be unavailable to testify in court.
		dying declaration is a statement, verbal or written, made by a person since deceased, relating to the cause of his or her death or any of the transaction resulting in death.
	en.wikipedia.org /wiki/Dying_declaration (1227 words)

	Nassau County Bar Association
		Arguments that declarant's plea allocution was not a statement in furtherance of the conspiracy and therefore not admissible as violative of the Confrontation Clause were rejected using a Roberts analysis.
		Of interest is the defensive use of a declaration against penal interest where the statement of the unavailable witness exculpates the defendant.
		Admissibility is predicated on an assumption that the declarant was under the stress of a startling event provoking the utterance to such a degree that declarant lacks the reflective capacity to fabricate or deviate from the truth (People v.
	www.nassaubar.org /newsletter_article.cfm?ArticleID=133 (2334 words)

	Michigan Appellate Digest - 121864 People v Washington (Site not responding. Last check: 2007-11-02)
		A declaration against penal interest is a statement which, at the time of its making, so far tended to subject the declarant to civil or criminal liability that a reasonable person in the declarant's position would not have made the statement unless he believed it to be true.
		The statement was one against the penal interest of the declarant, and thus was subject to the statement-against-interest exception to the hearsay rule.
		In determining whether a statement against interest which also inculpates a person other than the declarant bears sufficient indicia of reliability to permit its admission as substantive evidence against the other person, a court must consider the circumstances of the statement and the contents of the statement.
	courtofappeals.mijud.net /Digest/newHTML/12186411.htm (935 words)

	106 Wn. App. 291, STATE v. JORDAN
		A hearsay statement may be admitted in a criminal trial as a declaration against interest under ER 804(b)(3) if (1) the declarant is unavailable to testify, (2) the declarant's statement tends to subject the declarant to criminal liability, and (3) the statement is trustworthy.
		A witness asserting the constitutional privilege against self-incrimination is unavailable to testify for purposes of the ER 804 exceptions to the rule against hearsay.
		In a criminal case, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
	www.mrsc.org /mc/courts/appellate/106wnapp/106wnapp0291.htm (3087 words)

	LILLY V. VIRGINIA
		Certainly, we must accept the Virginia court’s determination that Mark’s statements as a whole were declarations against penal interest for purposes of the Commonwealth’s hearsay rule.
		Simply labeling a confession a “declaration against penal interest,” however, is insufficient for purposes of Roberts, as this exception “defines too large a class for meaningful Confrontation Clause analysis.” Lee v.
		Not only were the incriminating portions of Mark Lilly’s confession not a declaration against penal interest, but these statements were part of a custodial confession of the sort that this Court has viewed with “special suspicion” given a codefendant’s “strong motivation to implicate the defendant and to exonerate himself.” Lee, supra, at 541 (citations omitted).
	supct.law.cornell.edu /supct/html/98-5881.ZC3.html (1661 words)

	People v. Williams -- Appellant's Opening Brief
		The trial court must look to the totality of the circumstances in which the statement was made, whether the declarant spoke from personal knowledge, the possible motivation of the declarant, what was actually said by the declarant and anything else relevant to the inquiry.
		The declaration against interest exception is "inapplicable to evidence of any statement or portion of a statement not itself specifically disserving to the interests of the declarant." (Leach, supra, 15 Cal.3d at p.
		In order for a statement to qualify as a declaration against penal interest the statement must be genuinely and specifically inculpatory of the declarant; this provides the "particularized guarantee of trustworthiness" or "indicia of reliability" that permits its admission in evidence without the constitutional requirement of cross-examination.
	www.kassman.com /wms-aob.htm (5884 words)

	People v. Leach (1975) 15 C3d 419
		The declarations of both Jurgenson and Murphy implicating Saling had occurred out of court and evidence of their content was offered to prove the truth of the matter asserted, i.e., that Saling had participated in the murder of Murphy's wife.
		Most of the cases dealing with declarations against penal interest are civil cases and criminal cases where the defendant seeks to use the declarations to exculpate himself and prove the declarant's guilt.
		FN 16 The implication of an ostensible coconspirator by a declaration against penal interest has been recognized as being particularly unreliable when the declaration is made after the termination of the supposed conspiracy (Levie, supra, 52 Mich.L.Rev. at p.
	online.ceb.com /calcases/C3/15C3d419.htm (9024 words)

	Williamson v. US, US Supreme Court, 1994
		The declarant might be lying; he might have misperceived the events which he relates; he might have faulty memory; his words might be misunderstood or taken out of context by the listener.
		A declarant may believe that a statement of guilt to authorities is in his interest to some extent, for example as a way to obtain more lenient treatment, or simply to clear his conscience.
		At the other extreme, when there was no promise of leniency by the government and the declarant was told that he had a right to remain silent and that any statements he made could be used against him, the courts have not required exclusion of the declarant's statement against interest.
	www.druglibrary.org /Schaffer/legal/l1990/Fredel.htm (7449 words)

	[No title]
		Specifically, appellant asserts (1) the statement was not against the accomplice's penal interest at the time it was made; (2) the accomplice was unaware of the nature of his statement; and (3) the accomplice's statement was unreliable.
		In Boney, the out-of-court declarant specifically admitted to police he helped conceal the murder weapon that was involved in a homicide, which implicated the declarant at least as an accessory to the incident.
		Brown's statement to police stood as damning evidence against appellant, as it contradicted testimony from Brown's cohorts that appellant was not at the scene of the crime.
	www.courts.state.va.us /txtops/2261944.txt (1127 words)

	Michigan Appellate Digest - 221851 People v Washington (Site not responding. Last check: 2007-11-02)
		Further, during proceedings to determine the admissibility of the statement the defendant argued that the codefendant was mentally ill and incompetent.
		Under the circumstances, admission of the codefendant's statement against the defendant deprived the defendant of his right of confrontation, and thus the defendant was improperly convicted.
		A hearsay statement which constitutes a statement against the declarant's penal interest may be admitted.
	courtofappeals.mijud.net /Digest/newHTML/22185121.htm (893 words)

	Hearsay Rule and Exceptions (Site not responding. Last check: 2007-11-02)
		Before a dying declaration can be admitted into evidence, the circumstances surrounding the death, and more importantly, the events leading up to the defendant's role in conduct that might have led to the death or dying declaration, need to be described in detail.
		This is an example of declaration against pecuniary interest, since the co-worker might be held liable in civil court by the insurance company for their part in the arson-for-profit scheme.
		The law isn't interested in things such as "Your great-aunt married her first cousin" or anything like that, but it is interested in many kinds of hearsay statements (even when the author is unknown) about your family that might be recorded on tombstones or in family bibles.
	faculty.ncwc.edu /toconnor/405/405lect11.htm (4741 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Declarations against interest are those made by persons not a party to or in privity with a party to the suit, are secondary evidence, and are admissible as an exception to the hearsay rule only if the declarant is unavailable as a witness.
		The elements necessary for the admission of the declaration against interest were met.
		Under these circumstances, Clinton 's statement was admissible as a declaration against penal interest and was not excluded by the hearsay rule.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=mo&vol=/appeals/102003/&invol=11007_2003 (2351 words)

	Hernandez v. Small
		Thus, to the extent that the footnote implied that the category of declarations against penal interest was not a firmly rooted exception to the hearsay rule, it was dicta.
		None of the controlling authority dealing with the declaration against penal exception to the hearsay rule is on all fours with this case.
		Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made,.
	www.law.com /regionals/ca/opinions/mar/0056286.shtml (4900 words)

	American Bar Association - Criminal Justice Section - Criminal Justice Magazine
		The Virginia court admitted the statement as a declaration against penal interest, which it held to be a “firmly rooted” hearsay exception under state law.
		The Supreme Court overturned the conviction, rejecting the conclusion that the declaration against penal interest exception was “firmly rooted” for purposes of confrontation analysis.
		When a statement is deliberately accusatory, or when the declarant knows that the statement is likely to be used in the prosecution of the defendant for a crime, the need for face-to-face confrontation is at its highest.
	www.abanet.org /crimjust/cjmag/20-2/kirkpatrick.html (4062 words)

	USIA, Economic Perspectives, November 1998 -- Lima Declaration
		The Declaration is considered a blueprint for action and progress and will be reviewed when the Conference reassembles in South Africa in 1999.
		Members of the WCO should implement fully the Arusha Declaration of 1993 and the Columbus Declaration of 1994 and co-operate to ensure that transparency and integrity feature in all international trade transactions.
		International professional societies should take a much closer interest in their national affiliates and use their influence to ensure that national professional standards are protected, strengthened and raised.
	usinfo.state.gov /journals/ites/1198/ijee/factlima.htm (2416 words)

	CJLF Amicus Curiae brief in Gray v. Maryland--Argument (File 2 of 3)
		Thus the propriety of the use of the confession in the present case should be influenced by the rebirth of the declaration against penal interest as a generally accepted hearsay exception.
		The validity of declarations against penal interest is demonstrated by the federal penal interest rule, Federal Rule of Evidence 804(b)(3), and its interpretation in Williamson v.
		Loyd was then declared a hostile witness and his confession, which implicated Douglas, was read to him in the form of a series of questions.
	www.cjlf.org /briefs/gray_k2.htm (2372 words)

	Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions - FL
		admissible as a declaration against penal interest because he was available to testify.
		declarant to liability or to render invalid a claim by the declarant against
		statement to the police could not be admitted as a declaration against penal interest.
	www.romingerlegal.com /floridacourts/court_opinions1/02-4563.html (4022 words)

	Joint Declaration Against Gender Violence, Georgia (Site not responding. Last check: 2007-11-02)
		This Joint Declaration Against Gender Violence (see Note Bene) confirms the joint will of those parties who have signed below to address the establishment and strengthening of a mutual cooperation between the Georgian Government, Georgian Civil Society and International Organisations aimed at combating gender violence and promoting the human rights of women.
		“the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
		Declare that we do not act on behalf of any political interest group, be they mainstream or otherwise.
	www.womenaid.org /16days/english/declaration.html (1518 words)

	US CODE--TITLE 28--APPENDIX (Site not responding. Last check: 2007-11-02)
		If the declarant were unavailable, a rule of free admissibility would make no distinctions in terms of degrees of noncompliance with the ideal conditions and would exact no liquid pro quo in the form of assurances of trustworthiness.
		The declarant is in court and may be examined and cross-examined in regard to his statements and their subject matter.
		A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.
	www.access.gpo.gov /uscode/title28a/28a_5_8_.html (17978 words)

	Barbara PATTERSON, Administratrix of the Estate of Catherine...
		Generally, a plea of guilty in open court is admissible as a declaration against interest.
		U.S. Type of plea which may be entered with leave of court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it.
		The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based upon the same acts.
	courts.state.ar.us /opinions/old/95-245A.html (2811 words)

	[No title]
		Brent contends that the statement is admissible as a declaration against penal interest because Gray was unavailable.
		A statement that is against the penal interest of the declarant at the time it is made is admissible as a "declaration against interest" exception to the hearsay prohibition.
		Thus, he was not unavailable and his statement did not fall within the declaration against interest exception to the hearsay rule.
	www.courts.state.va.us /txtops/2049942.txt (683 words)

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