Impeachment of Defendant — Prior Inconsistent Statement Taken in Violation of Miranda is a legal term used to describe a situation in which the defendant has been impeached (challenged) based on a prior statement made by them that is inconsistent with their current statement and was taken in a manner that violated their Miranda rights. This type of impeachment is typically used in criminal cases in order to attack the credibility of the defendant’s current testimony. The two types of Impeachment of Defendant — Prior Inconsistent Statement Taken in Violation of Miranda are: # Direct Impeachment: This type of impeachment occurs when the witness’s prior statement is read or shown to the jury, allowing the jury to compare the witness’s current testimony to the prior statement. # Cross-Examination Impeachment: This type of impeachment occurs when the attorney questions the witness about their prior statement, allowing the jury to compare the prior statement to the witness’s current testimony.
Impeachment of Defendant - Prior Inconsistent Statement Taken in Violation of Miranda
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FAQ
Rule 613(b) allows a party to use a prior inconsistent statement to impeach a witness, but if the witness is called to the stand for sole purpose of impeaching him, the ?impeachment? is really a subterfuge for admitting the hearsay.
?In order to lay the proper predicate for impeachment by prior inconsistent statement, the witness must be advised of the substance of the prior inconsistent statement, the time and place the statement was made, and the person to whom the statement was made.? See Kimble v. State, 537 So.
The Court has already ruled that statements obtained in violation of Miranda may be used to impeach a defendant. Harris v.
Instead, if you give testimony or give statements, the statements are voluntary and can be used against you for all purposes, including criminally.
These include situations such as: The suspect is being asked questions that are standard booking procedures. The situation involves an emergency hostage situation or negotiation. The person is unaware that they are speaking with a police officer.
Impeachment Purposes If a defendant gives testimony at trial that conflicts with a statement made to the police, the prosecutor can offer a statement elicited in violation of Miranda to impeach (attack) the defendant's credibility. (Harris v. New York, 401 U.S. 222 (1971).)
A statement that the police obtained in violation of Miranda rights can be used to impeach the defendant's credibility as a witness, if it is inconsistent with their statements at trial.