MBE Rules · Evidence
Statement against interest
FRE 804(b)(3)
The rule
Declarant unavailable. A statement that, at the time of making, was so contrary to the declarant's pecuniary, proprietary, civil, or criminal interest that a reasonable person would not have made it unless true. Statements exposing declarant to criminal liability to exculpate defendant need corroborating circumstances.
In plain English
If someone says something that could hurt them financially or legally, and they're not available to testify, that statement can be used in court because they likely wouldn't lie about it.
Worked example
The defendant's friend, who is now deceased, once admitted he stole money from a shared account. Because this admission could harm him financially, the court allows it as evidence against the defendant.
Memory hook
Interest = Truth Teller. Unavailable speaker admits harm, so believable.
The trap
Students think: any damaging statement qualifies. Wrong, because it must be against interest when made. The actual test is if a reasonable person wouldn't lie about it.
How examiners test it
The MBE loves: declarant admits guilt but is unavailable. Trap: no corroboration for exculpating defendant's criminal liability. Remember, corroboration is crucial.
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