Tennessee Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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A witness may be impeached by calling into question her credibility. Typically, a witness's testimony is challenged based on her character for truthfulness, bias, ability to perceive or testify accurately, or prior statement that contradicts the witness's testimony at trial.
Hear this out loud PauseUnder common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
Hear this out loud PauseThe Court has also held the rule against impeaching the party's own witness does not prohibit a party from preemptively bringing out on direct examination facts to take the ?sting? out of an expected cross-examination. (See Minsky, 227 NY at 98 [?The law does not . . .
Hear this out loud PauseThe Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
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.
A deposition may be used by any party to contradict or impeach the testimony given by the deponent as a witness or for any other purpose allowed by the Federal Rules of Evidence.
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.