Maine Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction: The Maine Jury Instruction — 4.2 focuses on the impeachment of witnesses through inconsistent statements and felony convictions. This instruction provides guidance to the jury on how they can evaluate the credibility and reliability of witness testimony when inconsistencies or felony convictions are presented. Impeaching a witness based on inconsistent statements allows the jury to question the truthfulness of the witness's testimony. If a witness contradicts themselves or provides conflicting statements on a particular matter, it raises doubts about their reliability and credibility. It is crucial for the jury to carefully consider these inconsistencies and determine their impact on the overall credibility of the witness. Additionally, the instruction addresses the impeachment of witnesses through felony convictions. If a witness has been convicted of a felony, it is relevant to their credibility as it may suggest a lack of truthfulness or moral character. However, it's important for the jury not to automatically discount the witness's testimony based solely on their felony conviction. The instruction advises the jury to evaluate the witness's credibility by considering other factors such as the nature and extent of the conviction, the witness's behavior since the conviction, and any other relevant evidence. Different types of Maine Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction may include variations based on the specific circumstances of the case. For example, the instruction may differ when dealing with witnesses who have multiple inconsistent statements or when the felony conviction is directly related to the case at hand. Ultimately, the purpose of this jury instruction is to guide the jurors in determining the weight and reliability of witness testimony that contains inconsistent statements or involves individuals with felony convictions. By considering the relevance and impact of these inconsistencies and convictions, the jury can make a more informed decision about the credibility and reliability of the witness's testimony.
Maine Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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Rule 609(c) as submitted by the Court provided in part that evidence of a witness' prior conviction is not admissible to attack his credibility if the conviction was the subject of a pardon, annulment, or other equivalent procedure, based on a showing of rehabilitation, and the witness has not been convicted of a ...
Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.
Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...
Generally, it is rare for a hung jury to occur, let alone occur twice for the same proceeding. Often, juries will report that they are deadlocked after only deliberating for a short period of time. If there is a hung jury, the judge may order the jurors to deliberate further.
RULE 402. Irrelevant evidence is not admissible.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
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.
If the jury stays deadlocked, whether 9-3, 8-4, 6-6, 11-1, and there is no way the jurors will come to a verdict, then we have a hung jury. A hung jury is typically a win for the defense even though the case starts all over (this is true for many reasons I can explain if you are interested).