United States v. Robinson

I agree that Fretz’ statement inculpating the appellant was inadmissible because it was uncorroborated. I disagree, however, as to the disposition of the case, as I believe that the charges should be dismissed for insufficient evidence.

In my view, uncorroborated statements against penal interest inculpating an accused should be treated the same as uncorroborated statements of an accused. That is to say, not only are such statements inadmissible but, additionally, a conviction may not be based on them. This was the case under the corroboration rule in the 1951 Manual (see, e.g., United States…