Hearsay and circumstances of its admissibility - Statements against interest

Learning Outcomes

After reading this article, you will be able to identify when a statement against interest is admissible under the hearsay exceptions, explain the requirements for declarant unavailability, distinguish between statements against pecuniary, proprietary, and penal interest, and apply these principles to MBE-style questions.

MBE Syllabus

For MBE, you are required to understand the hearsay rule and its exceptions, including when statements against interest are admissible. This article focuses your revision on:

  • Recognizing the hearsay exception for statements against interest.
  • Determining when a declarant is "unavailable."
  • Distinguishing statements against pecuniary, proprietary, and penal interest.
  • Applying the corroboration requirement for statements against penal interest in criminal cases.
  • Differentiating statements against interest from party admissions.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is NOT required for a statement against interest to be admissible under the hearsay exception?
    1. The declarant is unavailable.
    2. The statement was against the declarant’s interest when made.
    3. The statement was made under oath at a prior proceeding.
    4. A reasonable person would not have made the statement unless true.
  2. In a criminal case, a statement against penal interest is admissible only if:
    1. The declarant is unavailable and the statement is corroborated by circumstances indicating trustworthiness.
    2. The declarant is available and testifies in court.
    3. The statement was made to a police officer.
    4. The statement was made by a party opponent.
  3. Which of the following is a key difference between a statement against interest and a party admission?
    1. Only statements against interest require the declarant to be unavailable.
    2. Only party admissions must be against the declarant’s interest.
    3. Only statements against interest can be made by agents.
    4. Party admissions require corroboration in criminal cases.

Introduction

The hearsay rule generally excludes out-of-court statements offered for the truth of the matter asserted. However, several exceptions allow certain statements to be admitted, even if the declarant is not in court. One important exception is for statements against interest. This exception recognizes that people rarely make statements that are damaging to themselves unless they believe them to be true. For the MBE, you must know when this exception applies, the requirements for declarant unavailability, and the special rules for statements against penal interest in criminal cases.

Key Term: Hearsay An out-of-court statement offered to prove the truth of the matter asserted.

Types of Statements Against Interest

A statement against interest is a statement that, at the time it was made, was so contrary to the declarant’s pecuniary, proprietary, or penal interest that a reasonable person would not have made it unless it was true.

Key Term: Statement Against Interest A statement so adverse to the declarant’s financial, property, or criminal interests that a reasonable person would not have made it unless true.

Declarant Unavailability

For a statement against interest to be admissible, the declarant must be "unavailable." Unavailability includes situations where the declarant is dead, cannot be found, refuses to testify despite court order, lacks memory, or is unable to testify due to illness or privilege.

Key Term: Unavailable Declarant A person who cannot testify in court due to death, absence, privilege, refusal, or lack of memory.

Requirements for Admissibility

To admit a statement against interest under the hearsay exception, the following must be met:

  • The declarant is unavailable.
  • The statement was against the declarant’s pecuniary, proprietary, or penal interest when made.
  • A reasonable person would not have made the statement unless believing it to be true.
  • In criminal cases, a statement against penal interest must be supported by corroborating circumstances indicating trustworthiness.

Key Term: Corroborating Circumstances Additional facts or evidence that support the reliability of a statement against penal interest in criminal cases.

Distinguishing from Party Admissions

Statements against interest are different from party admissions. Party admissions do not require the declarant to be unavailable, do not need to be against the declarant’s interest, and are admissible if made by a party or their agent.

Key Term: Party Admission Any statement made by a party to the case, offered against that party, regardless of interest or unavailability.

Key Term: Pecuniary Interest A statement exposing the declarant to financial loss.

Key Term: Proprietary Interest A statement exposing the declarant to loss of property or rights.

Key Term: Penal Interest A statement exposing the declarant to criminal liability.

Worked Example 1.1

A witness, now deceased, told a friend, "I embezzled the money from the company safe." At trial, the defendant is charged with the embezzlement, and the defense wants to introduce the deceased witness’s statement to show someone else committed the crime. Is the statement admissible?

Answer: Yes, if the court finds corroborating circumstances indicating the statement’s trustworthiness. The declarant is unavailable, the statement was against penal interest, and the defense offers it to exculpate the defendant.

Worked Example 1.2

A missing declarant told a neighbor, "I owe $10,000 to the bank, but I can't pay it." The bank sues the declarant’s estate to collect the debt and offers the statement as evidence. Is it admissible?

Answer: Yes. The declarant is unavailable, the statement was against pecuniary interest, and a reasonable person would not admit owing money unless it was true.

Exam Warning

Statements against penal interest offered to exculpate a criminal defendant are viewed with suspicion. Courts require strong corroboration before admitting such statements.

Revision Tip

Always check if the declarant is truly unavailable before relying on this exception. If the declarant could testify, the statement against interest exception does not apply.

Summary

Statements against interest are admissible hearsay exceptions only if the declarant is unavailable and the statement was so adverse to the declarant’s financial, property, or criminal interests that a reasonable person would not have made it unless true. In criminal cases, statements against penal interest require corroboration. This exception is narrower than the party admission rule.

Key Point Checklist

This article has covered the following key knowledge points:

  • The hearsay exception for statements against interest requires declarant unavailability.
  • The statement must be against pecuniary, proprietary, or penal interest when made.
  • In criminal cases, statements against penal interest need corroborating circumstances.
  • Statements against interest differ from party admissions in key respects.
  • Only statements truly adverse to the declarant’s interests qualify.

Key Terms and Concepts

  • Hearsay
  • Statement Against Interest
  • Unavailable Declarant
  • Corroborating Circumstances
  • Party Admission
  • Pecuniary Interest
  • Proprietary Interest
  • Penal Interest
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