Idaho Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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Noun. prior in·?con·?sis·?tent statement. -?in-k?n-sis-t?nt- : 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.
Noun. prior in·?con·?sis·?tent statement. -?in-k?n-sis-t?nt- : 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.
A prior inconsistent statement is a statement that differs from a witness's evidence in court. An error or inconsistency in the recollection of an event may impact on the witness's credibility and the accuracy of all their evidence. The prior statement may be sworn or unsworn and written or oral.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
Inconsistency noun (DIFFERENCE) the fact of containing some ideas, statements, arguments, etc. that do not agree with others, or something such as an idea, statement, or argument that has this quality: There are a few inconsistencies in what you've written.
Because prior inconsistent statements are generally hearsay, they often are admissible only for purposes of impeachment. The Federal Rules do categorize a testifying witness's prior inconsistent statement as nonhearsay if it was made under penalty of perjury at a prior trial, hearing, or proceeding, or in a deposition.
(5) The credibility of a witness may be impeached by showing that the witness omitted to state a relevant fact or to state it more fully prior to testifying, at a time when the witness's attention was called to the matter and the witness was specifically asked about the facts embraced in the question asked at a hearing ...
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.