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0 tracked cards Evidence

Defendant is charged with armed bank robbery. Accomplice, who has fled the country and cannot be found, told a close friend the day after the robbery, "I drove the getaway car and split the cash with Defendant." The defense offers the statement to show Accomplice, not Defendant, was the main participant. The government objects on hearsay grounds.
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The statement is admissible only if made under oath. The entire statement is admissible, including blame-shifting parts, whenever one sentence is self-inculpatory. The statement is admissible as a statement against interest if the declarant is unavailable, the statement was so contrary to the declarant's penal interest that a reasonable person would not have made it unless true, and corroborating circumstances clearly indicate trustworthiness when offered in a criminal case to expose the declarant to criminal liability. The statement is inadmissible because federal law does not recognize statements against interest.

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