Philadelphia Pennsylvania Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Keywords: Philadelphia Pennsylvania, jury instruction, impeachment, inconsistent statement, defendant testifies, felony conviction. Philadelphia Pennsylvania Jury Instruction Impeachmenten— - Inconsistent Statemen— - Defendant Testifies With Felony Conviction: In the state of Pennsylvania, the Philadelphia court system employs various jury instructions to guide jurors in criminal trials. One crucial instruction is the "Impeachment — InconsistenStatementen— - Defendant Testifies With Felony Conviction." This instruction is specifically relevant when a defendant, who has been convicted of a felony, chooses to testify in their own defense during the trial. It addresses the potential impact of inconsistent statements made by the defendant on their credibility as a witness. When a defendant testifies in court, their credibility is of paramount importance. The jury's ability to evaluate the defendant's honesty and truthfulness significantly influences their decision-making process. However, when a defendant has a prior felony conviction, jurors may question their character and integrity, potentially undermining their believability. This particular jury instruction serves to provide guidance for jurors when determining the weight and reliability to assign the defendant's testimony in light of any inconsistent statements made during the trial. It instructs the jury to exercise caution and scrutinize the defendant's statements with caution due to their felony conviction. By highlighting the potential impact of this conviction on the defendant's credibility, the instruction aims to ensure a fair evaluation by the jury. Types of Philadelphia Pennsylvania Jury Instruction Impeachmenten— - Inconsistent Statemen— - Defendant Testifies With Felony Conviction: 1. Standard Instruction: This is the primary jury instruction provided in cases where the defendant testifies with a felony conviction. It guides jurors to consider the defendant's criminal background and exercise extra caution when assessing their testimony. 2. Expert Witness Instruction: In cases where an expert witness with a felony conviction testifies, this specific instruction is given. It emphasizes the need for the jury to thoroughly evaluate the expert's credibility and assess the potential impact of their past conviction on their professional expertise. 3. Witness Credibility Instruction: This variation of the jury instruction applies when a witness other than the defendant testifies with a felony conviction. It reminds jurors to treat the testimony of such witnesses with caution and weigh it against other evidence presented in the trial. 4. Prior Conviction Veracity Instruction: When a defendant testifies, but their prior conviction is not a felony, this instruction is modified slightly. It requests the jury to consider the nature of the prior conviction and its potential effect on the defendant's credibility as a witness. In conclusion, the Philadelphia Pennsylvania Jury Instruction Impeachmenten— - Inconsistent Statemen— - Defendant Testifies With Felony Conviction is an essential tool in ensuring a fair evaluation of a defendant's testimony when they have a prior felony conviction. By sensitizing jurors to the potential impact of this conviction on credibility, the instruction aims to maintain the integrity of the trial process. Various types of this instruction exist to address different scenarios, including expert witnesses or witnesses other than the defendant, highlighting the importance of tailoring instructions to specific circumstances.

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FAQ

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.

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.

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.

Legal Definition of prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement.

In practical terms, where a witness does not acknowledge making the prior inconsistent statement the cross-examiner should: Show the document to the witness. Outline the circumstances in which the prior inconsistent statement was made. Draw the witness's attention to the point of inconsistency.

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.

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.

If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.

More info

You are to decide the case solely on the evidence received at the trial. Authorities: Ninth Circuit Model Civil Jury Instructions, § 1.Statement of Purpose. Prior inconsistent statement and cannot be used to impeach a witness. If the defendant chooses to testify at trial and contradicts his preliminary hearing testimony, impeachment is permitted. This bench book on witness intimidation and jury interference. David Keaton Florida — Conviction: 1971, Charges Dismissed: 1973 On the basis of mistaken identification and coerced confessions, Keaton was sentenced to… Simpson's first criminal trial, and it involves the testimony of. Los Angeles Police Detective Mark Fuhrman, one of the primary witnesses against the defendant. Out their inability to have contrived consistent testimony.

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Philadelphia Pennsylvania Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction