Prior Statement of a Defendant — Multi-Defendant Trial (revised 2016) is a document that is used in a criminal trial involving multiple defendants when one defendant has made a statement that could be used against the other defendants. This statement may be used by the prosecution to show the defendants' involvement in a crime or may be used by the defense to show the defendant's innocence. The statement must be made in the presence of all the defendants, and the statement must be recorded in writing in order to be used as evidence in the trial. There are two types of Prior Statement of a Defendant — Multi-Defendant Trial (revised 2016): voluntary prior statements and involuntary prior statements. A voluntary prior statement is a statement made by the defendant without any pressure or coercion from the prosecution. An involuntary prior statement is a statement made by the defendant under duress or in response to threats, intimidation, or promises of leniency from the prosecution.
Prior Statement of a Defendant - Multi-Defendant Trial (revised 2016)
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FAQ
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.
Under Federal Rule 801(d)(1)(A), prior inconsistent statements may be used for impeachment purposes, as well as substantive evidence, as long as the requirements of the rule have been satisfied: the statement was inconsistent with declarant's testimony and the statement was given under oath.
A statement of a witness made prior to his or her testimony and consistent with that testimony is admissible when offered to rebut an express or implied claim of recent fabrication and when the statement was made prior to the circumstances supporting that claim.
(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
What is Prior Inconsistent Statements? Prior statements made by the witness that contradict statements made on the witness stand, may be introduced to impeach the witness' credibility; such statements cannot be admitted to prove the truth of the matter asserted but only for impeachment.
There are logical inconsistencies in which the very meaning of the words requires one of the claims to be false. Example: {Everyone left the room. She is someone who is still in the room.} There are inconsistencies with our expectations as in Mark Twain's joke about approving of the funeral.