What must a statement that exposes a declarant to criminal liability in a criminal case include?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

In a criminal case, a statement that exposes a declarant to criminal liability must include corroborating circumstances that indicate its trustworthiness. This requirement stems from concerns over the reliability of statements, especially those made outside of court, such as in informal settings or under circumstances where the speaker may not have been under oath or subject to cross-examination.

Corroborating circumstances serve as a means to validate the statement and provide an assurance to the court regarding its accuracy. These circumstances can include independent evidence that supports the content of the statement or the context in which it was made. By demanding such corroboration, the legal system aims to mitigate the risks of false confessions or unreliable hearsay, which could severely undermine the fairness of a trial.

In contrast, an eyewitness account, a signed affidavit, or a confession to law enforcement do not inherently satisfy the need for corroborating trustworthiness. While these types of statements may carry weight in court, the core requirement when considering statements that expose a person to criminal liability is the presence of supportive circumstances that reinforce their credibility.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy