West Virginia Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
(5) The credibility of a witness may be impeached by showing that the witness omitted to state a relevant fact or to state it more fully prior to testifying, at a time when the witness's attention was called to the matter and the witness was specifically asked about the facts embraced in the question asked at a hearing ...
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
ROE 609. (a) General Rule. (1) Criminal Defendants. For the purpose of attacking the credibility of a witness accused in a criminal case, evidence that the accused has been convicted of a crime shall be admitted but only if the crime involved perjury or false swearing.
A party may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interest of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.
A statement of a witness made prior to his or her testimony and consistent with that testimony is admissible when offered to rebut an express or implied claim of recent fabrication and when the statement was made prior to the circumstances supporting that claim.
Because prior inconsistent statements are generally hearsay, they often are admissible only for purposes of impeachment. The Federal Rules do categorize a testifying witness's prior inconsistent statement as nonhearsay if it was made under penalty of perjury at a prior trial, hearing, or proceeding, or in a deposition.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
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.