Pennsylvania Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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FAQ
There are three steps to impeaching a witness: Repeat the witness's testimony and ask them to confirm. Ask the witness to confirm that they previously gave an honest and accurate witness statement. Read from the witness statement, citing the page and line number.
Impeachment by prior inconsistent statement has three basic steps, which have been described in a number of ways. One of the most popular is the ?three Cs,? confirm, credit, and confront. Alternatively, the three steps have been described as follows: repeat, build up, impeach.
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
A statement of a witness made prior to his or her testimony and consistent with that testimony is admissible when offered to rebut an express or implied claim of recent fabrication and when the statement was made prior to the circumstances supporting that claim.
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
In your law school trial advocacy class, you were probably taught some variation of the "three C's" method of impeachment: Commit the witness to the direct testimony; Confront the witness with the inconsistent statement; and Complete the impeachment.