California Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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FAQ
In your law school trial advocacy class, you were probably taught some variation of the "three C's" method of impeachment: Commit the witness to the direct testimony; Confront the witness with the inconsistent statement; and Complete the impeachment.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
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.
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.
A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be allowed to explain them.
There are three steps to impeaching a witness: Repeat the witness's testimony and ask them to confirm. Ask the witness to confirm that they previously gave an honest and accurate witness statement. Read from the witness statement, citing the page and line number.
Impeachment by prior inconsistent statement has three basic steps, which have been described in a number of ways. One of the most popular is the ?three Cs,? confirm, credit, and confront. Alternatively, the three steps have been described as follows: repeat, build up, impeach.
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.