Massachusetts Jury Instruction: Impeachment — InconsistenStatementen— - Defendant Testifies With Felony Conviction In a criminal trial, the Massachusetts jury instructions provide specific guidance when a defendant with a felony conviction takes the stand and makes inconsistent statements. The purpose of this particular instruction is to aid the jury in evaluating the defendant's credibility and determining the weight to be given to their testimony. When a defendant who has been convicted of a felony testifies and their testimony is inconsistent with their prior statements or actions, the jury is instructed to consider the following points: 1. Inconsistent Statements: The jury should carefully assess any inconsistencies between the defendant's current testimony and their previous statements, whether given during the current trial or in any other proceeding. The jury should examine the nature, significance, and frequency of these inconsistencies when evaluating the defendant's credibility. 2. Timing and Motive: The timing and motives surrounding the inconsistent statements should be examined. The jury should analyze whether these inconsistencies were made before or after the defendant's arrest or any other significant event, and determine if there is a motive for the defendant to deviate from the truth. 3. Reasons for Inconsistencies: The jury should consider whether there are valid reasons or explanations for the inconsistencies. For example, the defendant may claim memory loss or confusion due to the passage of time, or there might be other factors that could affect their testimony. 4. Intentional Falsehoods: If the jury concludes that the inconsistencies are due to the defendant deliberately attempting to mislead or deceive the court, they may consider the defendant's credibility as significantly compromised. Different Types of Massachusetts Jury Instructions: 1. Impeachment — Inconsistent Statement by the Witness: This instruction applies when a witness other than the defendant has made contradictory statements, and the defense seeks to impeach the witness's credibility. 2. Impeachment — Inconsistent Statement – Defendant as Witness: This instruction is relevant when the defendant takes the stand and makes inconsistent statements, regardless of whether they have a felony conviction or not. 3. Impeachment — Prior Felony Conviction: This instruction specifically addresses the credibility of a defendant who testifies despite having a prior felony conviction. It guides the jury on weighing the impact of this conviction on the defendant's credibility. 4. Impeachment — Inconsistent Statement – Witness's Motive to Lie: This instruction is used to evaluate the credibility of a witness who has a potential motive to lie or fabricate testimony, regardless of the presence of a felony conviction. Overall, Massachusetts jury instructions regarding impeachment, inconsistent statements, and defendants testifying with felony convictions are essential in ensuring a fair evaluation of a defendant's credibility and enabling the jury to reach an informed verdict. By providing these instructions, the court seeks to assist the jury in assessing the accuracy and reliability of inconsistent statements made by the defendant and other witnesses in the trial.