§ 16.06 ADMISSIBILITY AGAINST THIRD PARTIES

• Jurisdiction: United States

§ 16.06. ADMISSIBILITY AGAINST THIRD PARTIES

Rule 410 applies only if the evidence is offered against the defendant who made the plea or offer; it does not apply if the evidence is offered against a different person. "Limiting the exclusionary rule to use against the accused is consistent with the purpose of the rule, since the possibility of use for or against other persons will not impair the effectiveness of withdrawing pleas or the freedom of discussion which the rule is designed to foster."²⁶ For example, offers, pleas, and statements entered into between the prosecution and its own witnesses may be used for impeachment (bias) by a criminal defendant.²⁷ In this context, the evidence is not being offered against the defendant who made the offer, plea, or statement. Similarly, a defense witness may be impeached with prior inconsistent statements made during plea discussions because the statement is being admitted against a witness, not the "defendant."²⁸

--------

Notes:

^[26] Fed. R. Evid. 410 advisory committee's note. See United States v. Mathis, 550 F.2d 180, 182 (4th Cir. 1976).

^[27] See infra § 22.04 (discussing bias impeachment).

^[28] See Fed. R. Evid. 613; United States v. Dortch, 5 F.3d...