Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

The rule provides for admissibility of hearsay from an absent declarant of a 'statement which . . . so far tended to subject the declarant to . . . criminal liability, . . . that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.' Fed. R. Evid. 804(b)(3). The word 'tending' broadens the phrase, so that the statement need not be a plain confession making the difference between guilty and not guilty. United States v. Slaughter, 891 F.2d 691, 698 (9th Cir. 1989); United States v. Satterfield, 572 F.2d 687, 691 (9th Cir. 1978). 


'Whether a statement is in fact against interest must be determined from the circumstances of each case,' Williamson, 512 U.S. at 601, and 'can only be determined by viewing it in context.' Id. at 603. 


Some argue that Williamson, 512 U.S. 594, 601, 129 L. Ed. 2d 476, 114 S. Ct. 2431 (1994), required the district judge to parse the statement and exclude the non-inculpatory parts. That reading is incorrect. In Williamson, the police caught a man with two suitcases of cocaine in his trunk. ...

Register or login to access full content



Professors
Professionals
Students