Witness's Prior Statement or Testimony Explanatory Instruction is an instruction given to a jury by a judge to explain the purpose of evidence previously given by a witness in a prior proceeding. This instruction allows jurors to consider the evidence given by a witness in a previous proceeding as part of their deliberations. It helps jurors to better understand the testimony of a witness and to make an informed decision. There are two types of Witness's Prior Statement or Testimony Explanatory Instruction: the jury instruction and the jury comment. The jury instruction describes the evidence given by the witness in the prior proceeding and clarifies any discrepancies between that evidence and the testimony given by the witness in the present proceeding. The jury comment is an opinion given by the judge to the jury regarding the weight to be given to the prior testimony.
Witness's Prior Statement or Testimony Explanatory Instruction
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FAQ
A statement of a witness made prior to his or her testimony and consistent with that testimony is admissible when offered to rebut an express or implied claim of recent fabrication and when the statement was made prior to the circumstances supporting that claim.
Coleman, 72 M.J. 184 (a prior consistent statement is not hearsay if it is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; the rule requires that a prior statement, admitted as substantive evidence, precede any motive to fabricate or improper
A prior statement may be used to corroborate a witness's testimony even if that witness has not yet been impeached. The fact that the witness made a consistent statement at an earlier time is relevant for evaluating the credibility of the witness's testimony being given at trial.
A witness's own prior oral and written statements are usually hearsay. However, under Rule 801(d)(1), if the witness-declarant testifies and is available for cross-examination concerning the prior statement, the declarant's own statements are non-hearsay in three narrowly defined situations.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness' credibility.