What is the test for making a declaration against penal interest?
California, United States of America
The following excerpt is from People v. Avina, E070428 (Cal. App. 2020):
"'"To be against penal interest . . . , the statement need not be made to persons who are likely to use it against the declarant in court proceedings. Declarations against penal interest are received notwithstanding that they were spoken in confidence in the expectation they would not be repeated to the authorities. [Citations.] Indeed, that makes such declarations more trustworthy." [Citation.]' [Citation.]" (People v. Masters (2016) 62 Cal.4th 1019, 1056.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a non-testimonial declaration against penal interest admissible even if portions of the declaration implicate a co-defendant? (California, United States of America)
What is the test for making a statement that is not against the declarant's penal interest? (California, United States of America)
What is the test for a Commissioner of Justice to make a declaration of forfeiture under section 1305 of the California Penal Code? (California, United States of America)
What is the test for a declaration against penal interest under the hearsay rule? (California, United States of America)
What is the test for admitting a declaration against a penal interest under the hearsay rule? (California, United States of America)
Can a statement by a declarant who is unavailable as a witness at trial be admitted as a declaration against interest? (California, United States of America)
What is the hearsay rule for declarations against penal interest? (California, United States of America)
Is a statement against interest a declaration against interest for an abuse of discretion? (California, United States of America)
Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest? (California, United States of America)
What is the test for making a declaration of rights under the first cause of action? (California, United States of America)
