New Mexico Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
In federal court, Federal Rules of Evidence 607 provides that any party may attack the credibility of a witness by introducing evidence that reflects on the witness's character for truthfulness, prior inconsistent statements, bias, interest, or other reasons.
What about impeachment? As with corroboration, a statement is not hearsay if it is offered to impeach a testifying witness. This does not, however, create a ?back door? for admitting the impeaching statement as substantive evidence. See State v.
The traditional rule against impeaching one's own witness is abandoned as based on false premises. A party does not hold out his witnesses as worthy of belief, since he rarely has a free choice in selecting them. Denial of the right leaves the party at the mercy of the witness and the adversary.
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.
(1) A witness's credibility may be impeached by evidence that the witness has made a statement, whether written or not, inconsistent with the witness's present testimony.
Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness. Thus, attorneys can introduce background evidence about their witnesses (i.e., as to bias, past convictions) to forestall damaging cross-examinations.
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.
Impeachment by contradiction involves the process of demonstrating that a witness's testimony is unreliable by pointing out inconsistencies between their current testimony and prior statements, actions, or other evidence.