New Hampshire Jury Instruction — 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction: This jury instruction in New Hampshire addresses two different methods by which the credibility of a witness can be challenged during trial — through inconsistent statements and prior felony convictions. It guides the jury on how to evaluate and possibly discount the testimony of a witness based on these grounds of impeachment. 1. Impeachment through Inconsistent Statements: In some cases, witnesses may make contradictory statements during different stages of proceedings or during the trial itself. This can raise doubts about their reliability and credibility, as inconsistent statements may indicate a lack of truthfulness or potential bias. The New Hampshire jury instruction — 4.2 focuses on instructing the jury on how to assess such inconsistencies when evaluating witness testimony. The instruction guides the jury to consider the significance of these inconsistencies and whether they raise doubts about the witness's credibility. 2. Impeachment through Felony Convictions: The second aspect covered by this instruction relates to using prior felony convictions to question the credibility of a witness. A felony conviction might imply a willingness to engage in illegal activities, which could cast doubt on the veracity of the witness's testimony. However, it is important to note that not all felony convictions are automatically admissible for impeachment purposes. Their relevance and probative value have to be carefully considered by the court. Overall, the purpose of New Hampshire Jury Instruction — 4.2 is to educate the jury on how to assess witness credibility when inconsistencies in their statements or prior felony convictions are introduced as evidence. By providing clear guidance on these matters, the instruction helps ensure a fair and accurate evaluation of witness testimony during a trial in New Hampshire. Keywords: New Hampshire, jury instruction, 4.2, impeachment of witnesses, inconsistent statement, felony conviction, credibility, trial, witness testimony, witness credibility, prior convictions, admissible evidence, reliability, bias, evaluation.
New Hampshire 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 ...
When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant.
: 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.
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.
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.
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.
If you say, "Everyone left the room," and I say, "She is someone who is still in the room," then I've said something inconsistent with what you've said. Noticing an inconsistency is a wake-up call to resolve the conflict. One or both of the conflicting claims must fail to be true.
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.