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.