Maryland Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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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.
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 ...
[13] Currently, the general rule is as follows: Prior deposition testimony is presumed to be hearsay, and thus inadmissible in a later case, unless there is ?persuasive evidence? it meets one of the exceptions listed in Section 1291.
Prior identifications of offenders have been admissible in criminal cases for many years. With increasing legislative acceptance of prior identifications as a hearsay exception, the principal focus of the courts turned to the reliability of the pretrial identification procedures themselves.
A statement of a witness made prior to his or her testimony and consistent with that testimony is admissible when offered to rebut an express or implied claim of recent fabrication and when the statement was made prior to the circumstances supporting that claim.
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.
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability. See Fed. R.