CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Decl. Against Interest
.........Types of Interests: Penal
............Must Tend to Establish Guilt
6 Cards On This Topic:
  • Guilty plea constitutes declaration against penal interest.
  • Declarations against penal interest must be coupled with substantial evidence of criminal conduct by perpetrator.
  • Declaration against penal interest not necessarily admissible if uttered under coercion; trial court should analyze declarant's motivations.
  • Declarations against penal interest: Limitations on admissibility.
  • It is declarant's knowledge at time of statements that they expose him to criminal liability which provides indicia of reliability contemplated by hearsay exception.
  • Statements which are related to criminal event but do not tend to establish guilt not admissible as declarations against penal interest.