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Jury Instruction - Impeachment - Inconsistent Statement

Jury Instruction - Impeachment - Inconsistent Statement

Name: Jury Instruction - Impeachment - Inconsistent Statement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (359 reviews)

Category:

Federal - Jury Instructions - Basic Criminal Claim Instructions

State:

Multi-State

Control #:

US-11CR-6-1

Format:

Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

View A07 Certificate of Service of Defendants

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View A10 Certificate of Service of Plaintiff's First Request for Answers to Interrogatories

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View A13 Notice of Taking Deposition Upon Written Questions

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View A11 Certificate of Service of Defendant's Response to Plaintiff's First Request for Answers to Interrogatories

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View A15 Notice of Taking Depositions of Plaintiffs Upon Oral Examination

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View A18 Defendant's Notice of Appeal and Request for Trial de Novo

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FAQ

Under 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.

Rule 609 provides that, with certain restrictions, a witness may be impeached witrh evidence of two kids of criminal convictions: (1) felonies, regardless of their nature; and (2) misdemeanors involving crimes of dishonesty and false statement, such as check deception and perjury.

In the US, a party has the option of discrediting a witness through impeachment by cross-examining the witness about facts that reflect poorly on the witness's credibility or, in some cases, by introducing extrinsic evidence that reflects negatively on the witness's truthfulness or knowledge.

Repeat. First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. Build Up. Impeach.

The five basic methods are: use of contradiction, proof of bad character, proof of inconsistency, proof of bias, or proof of diminished capacity.

First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement.

The most common situation in which the issue of extrinsic evidence arises is when counsel seeks to impeach the witness in reply to the witness's denial of some facts or previous statements and introduces evidence proving that the witness is lying.

Jury Instruction - Impeachment - Inconsistent Statement

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FAQ

What evidence can be used to impeach a witness?

What types of crimes are automatically admissible to impeach a witness and when evidence of bias may be used to impeach a witness?

What are the methods of impeaching a witness?

How do you impeach a witness with a prior inconsistent statement?

How do you impeach a witness for bias?

What are the five basic methods of impeaching a witness?

How do you impeach a witness with prior inconsistent?

When can you use extrinsic evidence to impeach?

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