Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction - Defendant Testifies With No Felony Conviction
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FAQ
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.
Rule 609 provides that, with certain restrictions, a witness may be impeached witrh evidence of two kids of criminal convictions: (1) felonies, regardless of their nature; and (2) misdemeanors involving crimes of dishonesty and false statement, such as check deception and perjury.
First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement.
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.
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.
Generally, prosecutors can't use evidence of prior convictions to prove a defendant's guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant's testimony.
The five basic methods are: use of contradiction, proof of bad character, proof of inconsistency, proof of bias, or proof of diminished capacity.
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.