Mecklenburg North Carolina Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With No Felony Conviction
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FAQ
(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
Another way to describe inconsistency is to say that two or more statements are inconsistent with each other if they couldn't all be true. Now the ambiguity is embedded in what the word "could" means.
Under the Texas Rules, it is necessary to tell the witness of the contents of the impeaching statement, the time and place of the statement and the person to whom the statement was made. The witness must also be given an opportunity to explain or deny the statement.
(in the law of evidence) The evidence of a statement made on a previous occasion by a witness giving evidence in proceedings.
90.608 Who may impeach. Any party, including the party calling the witness, may attack the credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased.
Although the rule does not forbid all use of convictions to impeach a defendant, it requires that the government show that the probative value of convictions as impeachment evidence outweighs their prejudicial effect.
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.
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.
Prior inconsistent statements are always admissible to impeach a witness, so long as they're in fact inconsistent. Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding.
A traditional and common-sense way to impeach a witness is to show that he or she is biased against one of the parties or has a personal interest in the outcome of the case. The relationship between the parties may be good or bad.
