Arkansas Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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The purpose of a jury charge is to "educate the decision-maker so that it will make an informed decision, not to tell the decision-make what decision to make". An instructing judge "must set out in plan and understandable terms the law that the jury must apply when assessing the facts".
(5) The credibility of a witness may be impeached by showing that the witness omitted to state a relevant fact or to state it more fully prior to testifying, at a time when the witness's attention was called to the matter and the witness was specifically asked about the facts embraced in the question asked at a hearing ...
A prior inconsistent statement is a statement that differs from a witness's evidence in court. An error or inconsistency in the recollection of an event may impact on the witness's credibility and the accuracy of all their evidence. The prior statement may be sworn or unsworn and written or oral.
(impeachment by contradiction is a line of attack that involves showing the tribunal the contrary of a witness's asserted fact, so as to raise an inference of a general defective trustworthiness or that the accused is capable of error).
Trial courts have discretion to limit or preclude impeachment of a witness with a prior inconsistent statement if the claimed inconsistence is collateral to the ultimate issues to be decided by the jury and bear only upon the credibility of the witness.
Noun. prior in·?con·?sis·?tent statement. -?in-k?n-sis-t?nt- : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement.
(impeachment by contradiction is a line of attack that involves showing the tribunal the contrary of a witness's asserted fact, so as to raise an inference of a general defective trustworthiness or that the accused is capable of error).
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.