Texas Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
In examining a witness concerning a prior inconsistent statement made by the witness, whether oral or written, and before further cross- examination concerning, or extrinsic evidence of, such statement may be allowed, the witness must be told the contents of such statement and the time and place and the person to whom ...
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.
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
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.
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.
What is Substantive Evidence? The evidence offered to support a fact in issue, as to the necessary elements of the case, as opposed to evidence that goes to procedural or collateral issues.
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.
The jury may use evidence that a witness made a prior inconsistent statement when assessing a witness's credibility or reliability, if that evidence demonstrates that the witness is unable or unwilling to accurately recall relevant events (R v Hackett [2006] VSCA 138; R v NRC (No 2) [2001] VSCA 210; R v Thompson (2008) ...