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1.14 Prior Inconsistent Statements [or Acts]

1.14 Prior Inconsistent Statements [or Acts]

Name: 1.14 Prior Inconsistent Statements [or Acts]
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

Control #:

US-JURY-7THCIR-1-14

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 1.14 Prior Inconsistent Statements [or Acts] refer to statements or acts made by a witness or party that are inconsistent with testimony or statements given in a court of law. This type of evidence is used to attack the credibility of a witness or party. There are three types of prior inconsistent statements or acts: 1. Written Statements: Written statements that are inconsistent with the testimony or statements given in court. 2. Oral Statements: Oral statements that are inconsistent with the testimony or statements given in court. 3. Acts: Actions that are inconsistent with the testimony or statements given in court. Prior inconsistent statements or acts are admissible in court as evidence and can help to impeach the credibility of the witness or party.

1.14 Prior Inconsistent Statements [or Acts] refer to statements or acts made by a witness or party that are inconsistent with testimony or statements given in a court of law. This type of evidence is used to attack the credibility of a witness or party. There are three types of prior inconsistent statements or acts: 1. Written Statements: Written statements that are inconsistent with the testimony or statements given in court. 2. Oral Statements: Oral statements that are inconsistent with the testimony or statements given in court. 3. Acts: Actions that are inconsistent with the testimony or statements given in court. Prior inconsistent statements or acts are admissible in court as evidence and can help to impeach the credibility of the witness or party.

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?In order to lay the proper predicate for impeachment by prior inconsistent statement, the witness must be advised of the substance of the prior inconsistent statement, the time and place the statement was made, and the person to whom the statement was made.? See Kimble v. State, 537 So. 2d 1094, 1096 (Fla.

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.

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.

There are logical inconsistencies in which the very meaning of the words requires one of the claims to be false. Example: {Everyone left the room. She is someone who is still in the room.} There are inconsistencies with our expectations as in Mark Twain's joke about approving of the funeral.

What is Prior Inconsistent Statements? Prior statements made by the witness that contradict statements made on the witness stand, may be introduced to impeach the witness' credibility; such statements cannot be admitted to prove the truth of the matter asserted but only for impeachment.

Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.

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.

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1.14 Prior Inconsistent Statements [or Acts]

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