New York Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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FAQ
A prior inconsistent statement is a statement that differs from a witness's evidence in court. An error or inconsistency in the recollection of an event may impact on the witness's credibility and the accuracy of all their evidence. The prior statement may be sworn or unsworn and written or oral.
(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 ...
A witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
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.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
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.
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.
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.