New Mexico Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction is a legal instruction that provides guidance to jurors on how to evaluate the credibility of a witness who has made inconsistent statements and has a prior felony conviction. This instruction aids jurors in determining the reliability of the witness's testimony and their overall credibility. Impeachment of witnesses refers to the process of challenging the credibility or trustworthiness of a witness's testimony. Inconsistencies in a witness's statements can cast doubt on their truthfulness, while prior felony convictions may impact their character and trustworthiness. This jury instruction specifically addresses situations where a witness has given inconsistent statements and has a prior felony conviction. The purpose of this instruction is to inform jurors that they may consider inconsistent statements made by the witness during the trial or at a different time when assessing their credibility. It also alerts the jurors that the witness has a previous felony conviction, which may bear on their character for truthfulness. Jurors are typically instructed to evaluate the witness's inconsistent statements and felony conviction for the purpose of determining the witness's truthfulness, accuracy, and reliability. If a witness has given inconsistent statements, it is up to the jury to weigh the significance of these inconsistencies and determine whether they impact the overall credibility of the witness. While the specifics of New Mexico Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction may vary, the primary goal is to guide jurors in their evaluation of witness credibility based on inconsistencies in their statements and prior felony convictions. Different types of this instruction may exist based on the specific context of the case or variations in legal proceedings. In summary, New Mexico Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction assists jurors in assessing the credibility of witnesses who have provided inconsistent statements and have prior felony convictions. It ensures that jurors consider these factors when determining the truthfulness and reliability of the witness's testimony.
New Mexico Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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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.
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
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.
Evidence Code §1202 allows prior inconsistent statements to be used to impeach statements admitted in evidence that were made by declarants who did not testify at the current hearing or trial. They may be used, however, only for impeachment purposes. See Comment to Evid C §1202.
Your function as the jury is to determine the facts of this case. You alone determine what evidence you believe, how important any evidence is that you do believe, and what conclusions to draw from that evidence.
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
The difference between Federal Rule 607 and its New York counterpart is readily apparent. Under Rule 607, a party is specifically allowed to attack the credibility of their own witness. However, under New York law a party is prohibited from impeaching one's own witness unless the requirements of C.P.L.