confessions that inculpate a criminal defendant are not within a firmly
any statements that tend to inculpate the nondeclarant.
109) The Court stated, however, that despite the permissive use of hearsay statements in cases where the statement was a spontaneous declaration, in cases where a co-defendant or accomplice inculpates the defendant, testimony is preferred because cross-examination is the most effective tool in unveiling the truth.
315) Consequently, the Chief Justice contended that this case did not raise the question whether a genuinely self-inculpatory statement that also inculpates a co-defendant violates the Confrontation Clause.
3) In a plurality opinion, the Supreme Court held that accomplice confessions that inculpate a criminal defendant do not fall within a firmly rooted hearsay exception.
223) Justice Stevens asserted that "`accomplices' confessions that inculpate a criminal defendant are not within a firmly rooted exception to the hearsay rule as that concept has been defined in our Confrontation Clause jurisprudence.
117) Rather, the court determined that "a Bruton violation occurs when a codefendant's confession, either facially or by compelling and inevitable inference, inculpates a nonconfessing defendant.
44) A confessor's statements are less trustworthy than other hearsay evidence, according to Justice White, because he is tainted by the strong motivation to inculpate his codefendant and thereby absolve himself of all or any of the blame.
108) Under this definition, Justice O'Connor argued that Harris' entire confession, both the self-inculpatory and non-self-inculpatory parts, would be admissible so long as in the aggregate the confession sufficiently inculpates him.
171) Justice Kennedy conceded that the Court's decision would allow the rule to apply to a limited number of situations; however, he concluded that it would be rare to find a case in which the precise self-inculpatory words of the declarant would also inculpate the defendant.
187) Similarly, all of the Justices agreed that statements that singly inculpate the declarant are admissible under Rule 804(b)(3).
Put more succinctly, does the exception render admissible only those portions of sentences that specifically inculpate Mr.