Kansas Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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FAQ
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 witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving ? or the witness's admitting ? a dishonest act or false statement.
The credibility of a witness may be impeached by asking the witness on cross-examination about the witness's bias, hostility, or interest for or against any party to the proceeding and by extrinsic evidence of such bias, hostility, or interest.
Typically, crimes that involve deceit or untruthfulness ? for example, perjury, giving a false statement, criminal fraud, and embezzlement ? may warrant the impeachment of the witness. Witnesses can also be impeached if they have committed a felony, whether or not the crime involved deceit or untruthfulness.
(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 ...
In federal court, Federal Rules of Evidence 607 provides that any party may attack the credibility of a witness by introducing evidence that reflects on the witness's character for truthfulness, prior inconsistent statements, bias, interest, or other reasons.
First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement.