What is a declaration against interest?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A declaration against interest is a statement made by a person that goes against their own interest, typically made in a context where the honesty of the statement is likely to be questioned. This type of declaration holds special significance in legal proceedings because it is considered to be reliable. The rationale is that individuals typically have little incentive to lie about a statement that exposes them to potential liability or disadvantage.

In the context of the question, the correct answer speaks to the specific nature of a declaration against interest, focusing on the self-incriminating quality of the statement made by a non-party. This is established in legal principles, which recognize such statements as trustworthy due to the self-damaging aspect intertwined with them.

Other options do not accurately capture the essence of what constitutes a declaration against interest. For example, a statement by a party with nothing to gain may lack the requisite adverse interest or could be too general. Similarly, a declaration made by the defendant does not necessarily carry the same weight if it isn’t against their own interest. Lastly, a confession made in front of witnesses relates more to admissions of guilt than declarations against interest, which have a broader application beyond confessions and typically pertain to statements made regardless of an individual's status in the case.

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