Impeachment of Witnesses Because of Inconsistent Statements or Felony Conviction is a legal procedure in which a witness' credibility is challenged in court. It is based on the principle that a witness should not be allowed to give testimony if their statements are unreliable or the witness has a criminal record. This process is used by both prosecutors and defense attorneys to discredit the testimony of a witness. There are two main types of impeachment of witnesses because of inconsistent statements or felony conviction. The first is known as "statement impeachment" which involves questioning a witness about prior statements they have made that are inconsistent with their current testimony. This type of impeachment is often used to show that a witness is untruthful or unreliable. The second type is known as "felony impeachment," which involves questioning a witness about a felony conviction they have had in the past. This type of impeachment is often used to discredit the witness by showing that they have a history of dishonesty and trustworthiness. In either case, the witness can be impeached if their testimony is deemed to be of dubious accuracy, or if they have a criminal record. This process is an important part of the legal system and helps ensure that only reliable and truthful testimony is heard in court.
Impeachment of Witnesses Because of Inconsistent Statements or Felony Conviction
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FAQ
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.
If the statement is not clearly inconsistent, the attempted impeachment may not work. The witness may fight you, the jury won't get it, or both. The prior statement not only needs to be inconsistent; it needs to be clear. A cumbersome or sloppy question, or a purposely vague answer, may make impeachment difficult.
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.
Rule 613(b) allows a party to use a prior inconsistent statement to impeach a witness, but if the witness is called to the stand for sole purpose of impeaching him, the ?impeachment? is really a subterfuge for admitting the hearsay.
In federal court, Federal Rules of Evidence 607 provides that any party may attack the credibility of a witness by introducing evidence that reflects on the witness's character for truthfulness, prior inconsistent statements, bias, interest, or other reasons.
Repeat. 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.