statement against penal interest exception (Illinois) · Go Syfert
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statement against penal interest exception in Illinois

32 Illinois opinions name it 2 courts 1986–2026 4 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Chambers v. Mississippigreen
scotus · 1973 · cited in 19 Illinois opinions naming this issue, 1986–2026
2 sentences

2026Nonetheless, “where there are sufficient indicia of trustworthiness of such extrajudicial statements, a declaration may be admissible under the statement-against- penal-interest exception to the hearsay rule.” Id. (citing Chambers v. Mississippi, 410 U.S. 284, 302 (1973)). 12 ¶ 36 In determining whether such indicia exist, the court should consider whether “(1) the statement was made spontaneously to a close acquaintance shortly after the crime occurred; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the declarant’s interest; and (4)

2026Nonetheless, “where there are sufficient indicia of trustworthiness of such extrajudicial statements, a declaration may be admissible under the statement-against- penal-interest exception to the hearsay rule.” Id. (citing Chambers v. Mississippi, 410 U.S. 284, 302 (1973)). 12 ¶ 36 In determining whether such indicia exist, the court should consider whether “(1) the statement was made spontaneously to a close acquaintance shortly after the crime occurred; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the declarant’s interest; and (4)

819
People v. Bowelgreen
ill · 1986 · cited in 19 Illinois opinions naming this issue, 1986–2026
2 sentences

2026Nonetheless, “where there are sufficient indicia of trustworthiness of such extrajudicial statements, a declaration may be admissible under the statement-against- penal-interest exception to the hearsay rule.” Id. (citing Chambers v. Mississippi, 410 U.S. 284, 302 (1973)). 12 ¶ 36 In determining whether such indicia exist, the court should consider whether “(1) the statement was made spontaneously to a close acquaintance shortly after the crime occurred; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the declarant’s interest; and (4)

2026Nonetheless, “where there are sufficient indicia of trustworthiness of such extrajudicial statements, a declaration may be admissible under the statement-against- penal-interest exception to the hearsay rule.” Id. (citing Chambers v. Mississippi, 410 U.S. 284, 302 (1973)). 12 ¶ 36 In determining whether such indicia exist, the court should consider whether “(1) the statement was made spontaneously to a close acquaintance shortly after the crime occurred; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the declarant’s interest; and (4)

419
People v. Housegreen
ill · 1990 · cited in 3 Illinois opinions naming this issue, 1993–2009
2 sentences

2009The court therefore evinced its willingness to at least consider allowing the statement to be admitted under the statement-against-penal-interest exception to the hearsay rule (see, e.g., People v. House, 141 Ill. 2d 323, 390 (1990)).

1993(See People v. House (1990), 141 Ill. 2d 323, 389-90 , 566 N.E.2d 259 ; People v. Bowel (1986), 111 Ill. 2d 58, 66-67 , 488 N.E.2d 995 ; People v. Tate (1981), 87 Ill. 2d 134, 143 , 429 N.E.2d 470 .) Thus, where there are sufficient indicia of trustworthiness, such statements may be admitted pursuant to the statement-against-penal-interest exception to the hearsay rule.

23
People v. Olingergreen
ill · 1997 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002“Hearsay evidence is an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible due to its lack of reliability unless it falls within an exception to the hearsay rule.” People v. Olinger, 176 Ill. 2d 326, 357 (1997); accord Chambers v. Mississippi, 410 U.S. 284, 298-99 , 35 L.

2002“Hearsay evidence is an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible due to its lack of reliability unless it falls within an exception to the hearsay rule.” People v. Olinger , 176 Ill. 2d 326, 357 (1997); accord Chambers v. Mississippi , 410 U.S. 284, 298-99 , 35 L.

22
People v. Wardgreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See also People v. Ward , 154 Ill. 2d 272, 312-13 (1992) (whether a statement is admissible under the statement-against-penal-interest exception is an analytically distinct question from whether the statement is admissible as a party admission); M.

2000See also People v. Ward, 154 Ill. 2d 272, 312-13 (1992) (whether a statement is admissible under the statement-against-penal-interest exception is an analytically distinct question from whether the statement is admissible as a party admission); M.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
People v. Lettrich green
ill · 1952
2 sentences

1993(People v. Lettrick (1952), 413 Ill. 172, 178 .) The Supreme Court of the United States, and this court as well, have held that where there are sufficient indicia of trustworthiness of such extrajudicial statements, a declaration may be admissible under the statement-against-penal-interest exception to the hearsay rule.

1990(People v. Lettrich (1952), 413 Ill. 172, 178 .) Where there are sufficient indicia of trustworthiness of such extrajudicial statements, said declarations may be admissible under the statement-against-penal-interest exception to the hearsay rule.

41986–1993
People v. Tate green
ill · 1981
2 sentences

1995(People v. Tate (1981), 87 Ill. 2d 134, 143 .) When justice requires, however, such extrajudicial declarations may be admissible under the statement-against-penal-interest exception to the hearsay rule if there are sufficient indicia of trustworthiness.

1995Generally, a third party's extrajudicial declarations, not made under oath, that he committed a crime are purely hearsay and are inadmissible, even though they are declarations against interest. ( People v. Tate (1981), 87 Ill.2d 134, 143 , 57 Ill.Dec. 572 , 429 N.E.2d 470 .) When justice requires, however, such extrajudicial declarations may be admissible under the statement-against-penal-interest exception to the hearsay rule if there are sufficient indicia of trustworthiness. ( People v. Bowel (1986), 111 Ill.2d 58, 66 , 94 Ill.Dec. 748 , 488 N.E.2d 995 .) The United States Supreme Court so

31990–1995
People v. Anderson green
illappct · 2006
1 sentence

2021The statement-against-penal-interest exception to the hearsay rule allows the admission of such a statement if it exhibits “objective criteria of -22- trustworthiness.” Id.

12021–2021
People v. Tenney green
ill · 2002
2 sentences

2013While courts generally will not admit an unsworn, out-of-court declaration that the declarant (rather the defendant on trial) committed the crime, even though the declaration is against the declarant’s penal interest, such a statement may be admitted under the statement-against-penal-interest exception to the hearsay rule “where justice requires.” Id. at 433 . “[W]here the hearsay statement bears persuasive assurances of trustworthiness and is critical to the accused’s defense, its exclusion deprives the defendant of a fair trial in accord with due process.” Id. at 434 (citing Chambers, 410 U.

2013While courts generally will not admit an unsworn, out-of-court declaration that the declarant (rather the defendant on trial) committed the crime, even though the declaration is against the declarant’s penal interest, such a statement may be admitted under the statement-against-penal-interest exception to the hearsay rule “where justice requires.” Id. at 433 . “[W]here the hearsay statement bears persuasive assurances of trustworthiness and is critical to the accused’s defense, its exclusion deprives the defendant of a fair trial in accord with due process.” Id. at 434 (citing Chambers, 410 U.

12013–2013
People v. McCallister green
ill · 2000
2 sentences

2002McCallister, 193 Ill. 2d at 101 , citing Bowel, 111 Ill. 2d at 68 .

2002McCallister, 193 Ill. 2d at 100 , citing People v. Bowel, 111 Ill. 2d 58, 66 (1986), citing Chambers v. Mississippi, 410 U.S. 284, 302 , 35 L.

12002–2002
People v. Rice green
ill · 1995
2 sentences

1996People v. Rice, 166 Ill. 2d 35 , 651 N.E.2d 1083 (1995).

1996People v. Rice, 166 Ill. 2d 35 , 651 N.E.2d 1083 (1995).

11996–1996
Lee v. Illinois green
scotus · 1986
2 sentences

1992(Lee v. Illinois (1986), 476 U.S. 530, 539 , 90 L.

1992(Lee v. Illinois (1986), 476 U.S. 530, 539 , 90 L.

11992–1992
People v. Kokoraleis green
illappct · 1986
1 sentence

1991A trial court’s ruling excluding statements against penal interest will not be reversed absent an abuse of discretion (People v. Kokoraleis (1986), 149 Ill.

11991–1991
People v. Carter green
illappct · 1988
1 sentence

1989People v. Carter (1988), 174 Ill.

11989–1989

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (6) IL § 725 ILCS 5/119-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 32 (1986–2026) CT 5 (2010–2022) TX 4 (1994–2015) MI 4 (1978–2015) MD 4 (2023–2024) OR 3 (1993–2011) DC 3 (1988–2018) MA 2 (1997–2007) WA 2 (1981–1982) KY 2 (1999–2001) VA 2 (1999–2013) PA 2 (2015–2016) AK 2 (1989–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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