Cite as: 512 U. S. 594 (1994)
Syllabus
does allow the admission of statements that inculpate a criminal defendant. Even the confessions of arrested accomplices may be admissible if they are truly self-inculpatory, rather than merely attempts to shift blame or curry favor. The question under the Rule is always whether the statement at issue was sufficiently against the declarant's penal interest under the Rule's language, and this question can only be answered in light of all the surrounding circumstances. Pp. 602-604.
Justice O'Connor, joined by Justice Scalia, concluded in Part II-C that, on remand, the Court of Appeals must inquire in the first instance whether each of the statements in Harris' confession was truly self-inculpatory. Pp. 604-605.
O'Connor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, and II-B, in which Blackmun, Stevens, Scalia, Souter, and Ginsburg, JJ., joined, and an opinion with respect to Part II-C, in which Scalia, J., joined. Scalia, J., filed a concurring opinion, post, p. 605. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, in which Blackmun, Stevens, and Souter, JJ., joined, post, p. 607. Kennedy, J., filed an opinion concurring in the judgment, in which Rehnquist, C. J., and Thomas, J., joined, post, p. 611.
Benjamin S. Waxman argued the cause and filed briefs for petitioner.
John F. Manning argued the cause for the United States. With him on the brief were Solicitor General Days and Assistant Attorney General Harris.*
*Briefs of amici curiae urging affirmance were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, and M. Howard Wayne, Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Larry EchoHawk of Idaho, Pamela Carter of Indiana, Robert T. Stephan of Kansas, Chris Gorman of Kentucky, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Frank J. Kelley of Michigan, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Michael F. Easley of North Carolina, Lee Fisher of Ohio, Jeffrey B. Pine of Rhode Island, T. Travis Medlock of South Carolina, Jan Graham of Utah, Jeffrey L. Amestoy of Vermont, and James S. Gilmore III of Virginia; and for Wayne County, Michigan, by John D. O'Hair and Timothy A. Baughman.
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