State v. White

In State v. White, 158 N.J. 230, 238-245, 729 A.2d 31 (1999), the Court reversed a trial court's determination to admit solely the inculpatory portion of a third party's statement, while finding inadmissible that portion of the statement that exculpated the defendant then on trial. In doing so, the Court held the exculpatory portion of a statement to be admissible if, in light of the surrounding circumstances, the statement exposed the declarant to criminal liability or if, in conjunction with a related self-inculpatory statement, it strengthened the incriminatory effect of that self-inculpatory statement. Id. 158 N.J. at 244, 729 A.2d 31. At the start of its analysis, the White Court noted the inherent reliability of statements against interest. Id. 158 N.J. at 238, 729 A.2d 31. Then, in language relevant to the issue presented here, it rejected the Appellate Division's approach to determining the issue of the reliability of that portion of the declaration exculpating the defendant on trial, stating: The Appellate Division was correct in noting that the reliability of statements against interest must be determined by the trial court as the condition for their admissibility. The flaw in the Appellate Division's approach, however, was that it emphasized extrinsic circumstances bearing on the general reliability or trustworthiness of the declarant's statement as the condition for its admissibility. Rather, it is a statement's self-incriminating character which renders the declaration against interest. Id, at 240, 729 A.2d 31. The Court rejected any notion that a statement, otherwise admissible against the declarant pursuant to N.J.R.E. 803(c)(25), needed extrinsic corroborative circumstances indicative of trustworthiness in order to be admissible. White, supra, 158 N.J. at 240, 729 A.2d 31. The self-incriminating character of the statement itself must be examined to determine its reliability, and, if admissible under the evidence rule, any exculpatory portions of the statement made by the declarant should normally also be admitted. Id., at 243-44, 729 A.2d 31.