Rule 804(b)(3)

  • militarydefenselawyers376Statement Against Pecuniary, Proprietary, or Penal Interests.
    Rule 804(b)(3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to
    civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the position of the declarant would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the
    accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
  1. The foundational requirements include: The declarant is unavailable; the
    declarant previously made a statement; the declarant subjectively believed that
    the statement was contrary to his or her interest; the interest was of a recognized
    type; and if the defense offers a statement which tends to expose the declarant to
    criminal liability, to exculpate the accused, there must be corroboration to show
    the statement is trustworthy. United States v. Perner, 14 M.J. 181 (C.M.A.
    1982).