Texas Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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(in sum, for a prior consistent statement to be admissible under MRE 801(d)(1)(B)(ii), it must satisfy the following: (1) the declarant of the out-of-court statement must testify, (2) the declarant must be subject to cross-examination about the prior statement, (3) the statement must be consistent with the declarant's ...
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.
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
In examining a witness concerning a prior inconsistent statement made by the witness, whether oral or written, and before further cross- examination concerning, or extrinsic evidence of, such statement may be allowed, the witness must be told the contents of such statement and the time and place and the person to whom ...
The jury may use evidence that a witness made a prior inconsistent statement when assessing a witness's credibility or reliability, if that evidence demonstrates that the witness is unable or unwilling to accurately recall relevant events (R v Hackett [2006] VSCA 138; R v NRC (No 2) [2001] VSCA 210; R v Thompson (2008) ...
The predicate developed under Texas law that must be laid before prior inconsistent statements may be offered for impeachment purposes contains some details regarding the circumstances in which the statement was made, usually specifying to the witness the place, time, and person to whom the statement was made.
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.
Extrinsic evidence of a prior inconsistent statement by a witness is admissible if both of the following apply: (1) If the statement is offered solely for the purpose of impeaching the witness, the witness is afforded a prior opportunity to explain or deny the statement and the opposite party is afforded an opportunity ...
