Nassau New York Jury Instruction Impeachmenten— - Inconsistent Statement and Felony Conviction — Defendant Testifies With No Felony Conviction In the Nassau County courts of New York, the jury instructions regarding impeachment, specifically related to inconsistent statements and felony convictions, play a crucial role in determining the credibility and reliability of a defendant's testimony. This instruction applies when a defendant takes the stand to provide their side of the story but possesses no prior felony convictions. Impeachment is a legal process used to challenge a witness's credibility by presenting evidence that contradicts their previous statements or casts doubt on their truthfulness. In this scenario, the jury instruction focuses on two aspects: inconsistent statements and the absence of a felony conviction in the defendant's past. 1. Inconsistent Statement: If the prosecution is able to present evidence demonstrating that the defendant made contradictory statements at different times, the jury instruction guides the jurors on how to evaluate the defendant's credibility. It educates them about the potential motives behind inconsistent statements and how it may affect the overall testimony. 2. No Felony Conviction: On the other hand, if the defendant testifies but has no previous felony convictions, this jury instruction instructs the jurors to consider this absence while evaluating the defendant's veracity. It highlights the significance of a clean criminal record and encourages the jury to factor it into their assessment of the defendant's credibility. By applying this jury instruction, the court aims to ensure that the jury assesses the defendant's testimony in a fair and informed manner. It acknowledges that inconsistent statements and felony convictions can have a significant impact on a witness's credibility. Therefore, this instruction assists the jury in reaching a just verdict by considering the implications of these factors on the defendant's credibility while also reminding them of the need for fairness and impartiality. It is important to note that these jury instructions may have specific variations depending on the intricacies of the case and legal precedents. The judge presiding over the trial, alongside the attorneys involved, may tailor the instruction to suit the particular circumstances of the case while adhering to the legal framework set forth by Nassau County and the state of New York.
Nassau New York Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction - Defendant Testifies With No Felony Conviction
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FAQ
Hearsay evidence is generally inadmissible in Canada unless it falls within one of the established common law exceptions. As a result of the Supreme Court's decision in R. v.
Rule 609 provides that, with certain restrictions, a witness may be impeached witrh evidence of two kids of criminal convictions: (1) felonies, regardless of their nature; and (2) misdemeanors involving crimes of dishonesty and false statement, such as check deception and perjury.
Who impeach the witness? Impeachment occurs by the opposing attorney cross-examining that witness or by subsequently introducing contradictory testimonial or documentary evidence.
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.
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.
Credibility of a witness means the credibility of all or any part of the evidence of the witness, and includes the witness' ability to observe or to remember facts and events about which the witness has given, is giving, or is to give evidence (UEA Dictionary).
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 statement (s 106(2)(c)): This was admissible at common law. Once admitted, but subject to s 136 (General discretion to limit use of evidence), the prior statement becomes evidence of the truth of the facts stated in accordance with s 60.