Bourjaily v. United States (1986)
- Docket
- 85-6725
- Decided
- 1986-01-01
Summary
Question: (1) In order to consider the statements of a coconspirator as non-hearsay, must the court determine by evidence independent of the statements themselves that the conspiracy existed and that the defendant and declarant were members of this conspiracy? (2) What is the quantum of proof on which such determinations must be based? (3) Must the court in each case examine the circumstances of such a statement to determine its reliability? Conclusion: No; preponderance of the evidence; and no. When the existence and membership of a conspiracy are disputed, the traditional standard applies: the party offering the statements under Rule 801(d)(2)(E) must prove these preliminary facts by a preponderance of the evidence. Rule 104(a) provides that, in determining preliminary questions concerning admissibility, the court "is not bound by the rules of evidence" (except those with respect to privileges). Therefore, hearsay, including the statements sought to be admitted, can be considered. Finally, since the co-conspirator exception to the hearsay rule is rooted firmly in precedent, no independent inquiry into reliability is required by the Confrontation Clause of the Sixth Amendment.