Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
Repeat. First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. Build Up. Impeach.
In the US, a party has the option of discrediting a witness through impeachment by cross-examining the witness about facts that reflect poorly on the witness's credibility or, in some cases, by introducing extrinsic evidence that reflects negatively on the witness's truthfulness or knowledge.
Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
The five basic methods are: use of contradiction, proof of bad character, proof of inconsistency, proof of bias, or proof of diminished capacity.
The most common situation in which the issue of extrinsic evidence arises is when counsel seeks to impeach the witness in reply to the witness's denial of some facts or previous statements and introduces evidence proving that the witness is lying.
How witness impeached by evidence of inconsistent statements Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be
The judge will decide if the witness testimony is to be included or excluded as part of the case.If a judge decides to impeach a witness, then the testimony made by that witness is no longer considered credible or admissible in court proceedings.
Explanation A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving