Keywords: Wake North Carolina, jury instruction, impeachment, inconsistent statement, defendant testifies, no felony conviction A Wake North Carolina jury instruction known as "Impeachment — InconsistenStatementen— - Defendant Testifies With No Felony Conviction" is a crucial part of the legal process in the state. This instruction is provided to the jury to guide them in evaluating the credibility and reliability of a defendant's testimony when an inconsistent statement is identified, particularly in cases where the defendant has no prior felony conviction. The purpose of this instruction is to remind the jury that inconsistencies in a defendant's testimony can cast doubt on their truthfulness and affect their overall credibility. By highlighting the defendant's lack of a felony conviction, the instruction emphasizes that the defendant's credibility is significant and should be assessed with caution. Inconsistent statements made by the defendant can be indicative of several things. First, they could suggest a lack of reliability, as inconsistency may point to the defendant's attempt to distort the truth or manipulate the facts of the case. Second, such inconsistencies may raise doubts about the defendant's overall credibility, as they may indicate that the defendant's testimony should be carefully scrutinized, with particular attention given to its accuracy and trustworthiness. Different variations of this Wake North Carolina jury instruction may include additional guidelines or explanations for jurors to consider. For instance, the instruction might inform the jury about the importance of evaluating the context and circumstances in which the inconsistent statement was made. It may also emphasize that a minor inconsistency, innocent mistake, or inadvertent error does not necessarily undermine the defendant's overall credibility. Additionally, the instruction may highlight the need for corroborating evidence to support or refute the defendant's testimony. It could guide the jurors to consider the weight and significance of inconsistencies in relation to the overall evidence presented in the case. Ultimately, the Wake North Carolina jury instruction, "Impeachment — InconsistenStatementen— - Defendant Testifies With No Felony Conviction," aims to assist jurors in reaching an informed decision by providing them with a framework for evaluating the credibility and reliability of a defendant's testimony when inconsistencies arise. By taking into account the defendant's lack of a felony conviction, the instruction underscores the importance of conducting a thorough evaluation of the defendant's credibility, ultimately aiding the jurors in reaching a just verdict.
Wake North Carolina Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With No Felony Conviction
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(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.
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.
(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.
If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
Impeaching a witness refers to an attack on the witness's credibility. Opposing counsel uses this tactic to show the judge or jury that the witness's testimony should not be believed.
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 the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
(A) Prior inconsistent statements traditionally have been admissible to impeach but not as substantive evidence. Under the rule they are substantive evidence.
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.