Impeachment of Witnesses Because of Inconsistent Statements or Felony Conviction (Defendant with no Felony Conviction Testifies) is a legal process in which a witness is questioned about their credibility. This can be done because of their prior inconsistent statements or because of their felony conviction. If the defendant has no prior felony conviction, then the impeachment of the witness is done by asking the witness questions about their prior statements or evidence that could be contradictory to their current testimony. The types of impeachment of a witness with no prior felony conviction are: 1. Prior Inconsistent Statements: This is when a witness is asked questions about statements they have made in the past that are contradictory to their current testimony. 2. Prior Bad Acts: This is when a witness is asked questions about their prior bad acts, such as criminal convictions, that could be used to question their credibility. 3. Character Impeachment: This is when a witness is asked questions about their character, such as their past behavior or their reputation in the community. 4. Hearsay Impeachment: This is when a witness is asked questions about statements that someone else has made and the witness is unable to verify the accuracy of the statement.
Impeachment of Witnesses Because of Inconsistent Statements or Felony Conviction (Defendant with no Felony Conviction Testifies)
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FAQ
Impeachment by contradiction is accomplished by showing, either through the witness' own testimony or through the testimony of others, that the witness is mistaken about some relevant 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.
What about impeachment? As with corroboration, a statement is not hearsay if it is offered to impeach a testifying witness. This does not, however, create a ?back door? for admitting the impeaching statement as substantive evidence.
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.
If witness's testimony contradicts with what they said in their witness statement; OR. If witness gives an unequivocal response in the witness statement but tries to equivocate on the stand; OR. If witness's testimony is an overstatement or understatement.
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.
The credibility of a witness may be impeached by asking the witness on cross-examination about the witness's bias, hostility, or interest for or against any party to the proceeding and by extrinsic evidence of such bias, hostility, or interest.