Maryland Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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(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 ...
What is Substantive Evidence? The evidence offered to support a fact in issue, as to the necessary elements of the case, as opposed to evidence that goes to procedural or collateral issues.
The jury may use evidence that a witness made a prior inconsistent statement when assessing a witness's credibility or reliability, if that evidence demonstrates that the witness is unable or unwilling to accurately recall relevant events (R v Hackett [2006] VSCA 138; R v NRC (No 2) [2001] VSCA 210; R v Thompson (2008) ...
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.
Under Federal Rule 801(d)(1)(A), prior inconsistent statements may be used for impeachment purposes, as well as substantive evidence, as long as the requirements of the rule have been satisfied: the statement was inconsistent with declarant's testimony and the statement was given under oath.
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.
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.
Evidence Code §1202 allows prior inconsistent statements to be used to impeach statements admitted in evidence that were made by declarants who did not testify at the current hearing or trial. They may be used, however, only for impeachment purposes.