Kentucky Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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FAQ
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
801(d)(1)(a): Prior inconsistent statements under oath. If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
Rule 609 allows for the admission of prior conviction evidence for impeachment purposes in both criminal and civil trials.
For the purpose of reflecting upon the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record if denied by the witness, but only if the crime was punishable by death or imprisonment for one (1) year or more under ...
This rule is the federal rule, verbatim, and changes Utah law by granting the court discretion in convictions not involving dishonesty or false statement to refuse to admit the evidence if it would be prejudicial to the defendant. Current Utah law mandates the admission of such evidence. State v.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
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.
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of undue prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence. History: Enacted 1990 Ky.