Bourjaily v. United States
Headline: Court allows judges to consider co‑conspirator statements when deciding admissibility, upholds their admission under a preponderance standard, and permits prosecutors to use such out‑of‑court remarks against defendants without extra reliability inquiry.
Holding:
- Makes it easier for prosecutors to admit co‑conspirator out‑of‑court statements.
- Requires courts to apply a preponderance standard for preliminary admissibility findings.
- Reduces separate constitutional reliability review before admitting co‑conspirator statements.
Summary
Background
A man arrested after an FBI sting (the defendant) was convicted of conspiring to sell cocaine. The Government used taped telephone remarks by a suspected co‑conspirator describing a “friend” who would take the drug. The trial judge admitted those out‑of‑court statements over objection, and the defendant challenged that ruling on appeal and to the Court.
Reasoning
The Court answered three questions: (1) whether judges must rely only on independent evidence when deciding if the co‑conspirator rule applies; (2) what proof level is required; and (3) whether courts must separately test the statements’ reliability for constitutional purposes. The Court held that judges may consider the hearsay statements themselves when making preliminary admissibility findings, the Government must prove the underlying conspiracy by a preponderance of the evidence (more likely than not), and the Constitution does not require an extra reliability inquiry beyond the rule’s requirements.
Real world impact
After this ruling, trial judges nationwide can weigh co‑conspirators’ out‑of‑court statements when deciding whether to admit them, as long as the government proves the conspiracy by a preponderance. That makes it easier for prosecutors to use such statements at trial, while leaving defendants time to challenge the statements’ substance and credibility during the case.
Dissents or concurrances
Justice Stevens agreed but emphasized that some independent corroboration should still count; Justice Blackmun (joined by two others) warned the change weakens reliability safeguards and would have preferred keeping an independent‑evidence requirement.
Opinions in this case:
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