Wisconsin Jury Instruction Impeachmenten— - Inconsistent Statement and Felony Conviction — Defendant Testifies With No Felony Conviction Wisconsin Law recognizes the concept of impeachment, which pertains to challenging the credibility of a witness during trial. In certain cases, an inconsistent statement made by a witness or the existence of a prior felony conviction can be used to undermine the witness's credibility. However, when a defendant chooses to testify and has no felony convictions, specific instructions must be given to the jury to ensure a fair trial. Impeachment based on an inconsistent statement occurs when a witness's testimony during trial contradicts a prior statement they made outside of court. To warrant impeachment, the inconsistent statement must be material to the case and made under conditions suggesting that it was reliable. If the jury finds the inconsistent statement to be more credible than the witness's trial testimony, it may impact the weight given to that witness's testimony. However, the situation becomes somewhat different when a defendant chooses to testify and has no felony convictions. In this scenario, additional jury instructions are necessary to ensure a fair evaluation of the defendant's credibility. The purpose of these instructions is to caution the jury against drawing any unfair inference based solely on the defendant's lack of a felony conviction. It is important to note that the specific language of the relevant jury instructions may vary depending on the case and judge. However, some potential variations include: 1. Wisconsin Jury Instruction — Inconsistent Statement and No Felony Conviction — Defendant Testifies Voluntarily: This instruction is used when the defendant voluntarily takes the stand and has no felony conviction. It emphasizes that the absence of a felony conviction should not affect the jury's evaluation of the defendant's credibility, and it reminds the jury to consider the defendant's testimony in the same manner as any other witness's testimony. 2. Wisconsin Jury Instruction — Inconsistent Statement and No Felony Conviction — Defendant's Prior Criminal Record Present: This instruction is utilized when the defendant has a prior criminal history but no felony convictions. It aims to ensure that the jury does not automatically assume the defendant is guilty or untruthful based solely on their previous involvement with the law. The instruction emphasizes that the defendant's prior criminal record should not be considered as evidence of guilt in the current case. These are just a couple of examples of potential jury instructions related to the impeachment of a witness based on inconsistent statements and the defendant's lack of a felony conviction. It is crucial for judges to select the most appropriate instructions based on the specific circumstances of the case to guarantee a fair trial and impartial deliberations by the jury.