Puerto Rico Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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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 ...
(impeachment by contradiction is a line of attack that involves showing the tribunal the contrary of a witness's asserted fact, so as to raise an inference of a general defective trustworthiness or that the accused is capable of error).
I practice in California but there are constitutional rules at play here. No, a police report written by someone else cannot simply be admitted as impeachment evidence. But, if a foundation is properly laid, it might be admitted.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
15 IMPROPER IMPEACHMENT: where there is no true prior inconsistency or omission, or the lawyer. attempts to impeach his/her own witness in a criminal case where the testimony given does not. TEND TO DISPROVE the party's position. ( CPL 60.35)
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.
A prior inconsistent statement is a common example where evidence may be offered to impeach a witness, as substantive evidence of a party's case, or both. A prior inconsistent may be offered as substantive evidence?if the statement was made under oath?in federal courts because it is not hearsay.
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.