New Mexico Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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FAQ
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.