Colorado Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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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.
Inconsistency noun (DIFFERENCE) the fact of containing some ideas, statements, arguments, etc. that do not agree with others, or something such as an idea, statement, or argument that has this quality: There are a few inconsistencies in what you've written.
(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 ...
If you say, "Everyone left the room," and I say, "She is someone who is still in the room," then I've said something inconsistent with what you've said. Noticing an inconsistency is a wake-up call to resolve the conflict. One or both of the conflicting claims must fail to be true.
: 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.
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 prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant.