Impeachment of Defendant — Prior Inconsistent Statement Not Taken in Violation of Miranda is a legal procedure used in criminal cases. This impeachment process involves the introduction of a defendant's prior inconsistent statement that was not taken in violation of the defendant's Miranda rights. This is done to impeach the credibility of the defendant in order to bolster the prosecution's case. There are two types of impeachment of defendant — prior inconsistent statement not taken in violation of Miranda: direct impeachment and indirect impeachment. Direct impeachment involves the introduction of a defendant's prior inconsistent statement itself, while indirect impeachment involves the use of circumstantial evidence, such as the defendant's demeanor, to suggest the existence of a prior inconsistent statement.
Impeachment of Defendant - Prior Inconsistent Statement Not Taken in Violation of Miranda
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FAQ
Rule 613(b) allows a party to use a prior inconsistent statement to impeach a witness, but if the witness is called to the stand for sole purpose of impeaching him, the ?impeachment? is really a subterfuge for admitting the hearsay.
These include situations such as: The suspect is being asked questions that are standard booking procedures. The situation involves an emergency hostage situation or negotiation. The person is unaware that they are speaking with a police officer.
The Court has already ruled that statements obtained in violation of Miranda may be used to impeach a defendant. Harris v.
Instead, if you give testimony or give statements, the statements are voluntary and can be used against you for all purposes, including criminally.
Impeachment Purposes If a defendant gives testimony at trial that conflicts with a statement made to the police, the prosecutor can offer a statement elicited in violation of Miranda to impeach (attack) the defendant's credibility. (Harris v. New York, 401 U.S. 222 (1971).)
A statement that the police obtained in violation of Miranda rights can be used to impeach the defendant's credibility as a witness, if it is inconsistent with their statements at trial.
?In order to lay the proper predicate for impeachment by prior inconsistent statement, the witness must be advised of the substance of the prior inconsistent statement, the time and place the statement was made, and the person to whom the statement was made.? See Kimble v. State, 537 So.