Impeachment of Witnesses because of Inconsistent Statement or Felony Conviction (Defendant with Felony Conviction Testifies) is a legal process in which a witness’s credibility is challenged in a court of law. This is typically done if a witness has made inconsistent statements, or has been convicted of a felony. In the case of a defendant with a felony conviction testifying, the court may choose to impeach the witness based on their criminal past. There are two main types of impeachment of witnesses because of inconsistent statement or felony conviction (defendant with felony conviction testifies). The first is direct impeachment, which is when the court directly questions the witness about their criminal conviction. This is done to demonstrate to the jury that the witness is not credible due to their past. The second type is indirect impeachment, which is when the court brings in evidence of the witness’s criminal history without directly asking the witness about it. This is done to show the jury that the witness’s credibility is questionable. In either case, the court must demonstrate that the witness’s credibility is in question due to their criminal history. The court must also show that the testimony of the witness is not reliable due to their past. If the court is able to successfully impeach the witness, the testimony of the witness may be disregarded by the jury.
Impeachment of Witnesses because of Inconsistent Statement or Felony Conviction (Defendant with Felony Conviction Testifies)
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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.
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.
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.
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.
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.
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.