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.
The "against penal interest" exception proposed by the Commonwealth in Lilly is based on the presumption that a person is unlikely to lie to inculpate himself.
United States,(255) the Court first stated its distrust of accomplice statements that inculpate the declarant and the defendant.
262) Justice Stevens held, therefore, 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.
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.
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.
The court properly understood Williamson to permit only those statements that individually inculpate the declarant to be admitted against a defendant under Rule 804(b)(3).
First, the court in Ciccarelli suggested that the Court adopted a per se rule against the admissibility of statements against the declarant's interest that also inculpate other persons.
Fourth, there is a host of procedural, constitutional, and disciplinary rules that apply specifically to prosecutors and law enforcement officials who wrongfully inculpate
by destroying or failing to turn over exculpatory evidence, suborning perjury, or intimidating a witness.