NCJ Number
121612
Journal
Wisconsin Law Review Volume: 1989 Issue: 2 Dated: (1989) Pages: 403-439
Date Published
1989
Length
37 pages
Annotation
This article examines State v. Anderson, a Wisconsin Supreme Court decision interpreting the statutory standard of corroboration required for introducing into evidence a declaration against penal interest offered to exculpate the accused in a criminal trial.
Abstract
The article analyzes the facts and procedural posture of the Anderson case, the Wisconsin statute and its legislative history, and the historical development of the statement against penal interest exception to the hearsay rule. Federal and State evidence rules pertaining to statements against penal interest are discussed and assessed. The article points out that the Wisconsin Supreme Court chose not to follow the more stringent Federal standard and in Anderson created a very permissive standard for admitting declarations against penal interest. The Anderson rule has little solid support in legislative history and legal precedent and can result in problems when applied at the trial court level. The Wisconsin Supreme Court should have considered, when ruling in State v. Anderson, a more moderate approach that balanced the restrictive Federal rule and the permissive Wisconsin standard. 228 footnotes. (Author abstract modified)