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Jury Instruction - Impeachment - Inconsistent Statement - Defendant...

Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction

Name: Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.72 (221 reviews)

Category:

Federal - Jury Instructions - Basic Criminal Claim Instructions

State:

Multi-State

Control #:

US-11CR-6-4

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 A05 Ex Parte Motion for an Order Putting Plaintiff In Possession

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View A07 Return and Acknowledgment of Service

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View A11 Certificate as to Date of Possession and Payment of Money into Court

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View A10 Reassignment of Case to Another Judge

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View A12 Application to Clerk for Entry of Default

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FAQ

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.

Under the Federal Rule of Evidence (often referred to as the FRE) section 609, prior criminal convictions can only be used if the conviction was punishable by more than one year in prison, and the value of the evidence does not result in an unfair advantage to the prosecution.

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.

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.

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.

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.

Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction

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FAQ

What are the methods of impeaching a witness?

Can you use prior convictions as evidence?

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

What evidence can be used to impeach a witness?

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?

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

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