Wyoming Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
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) ...
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.
402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Terminology. 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.
Rule 609 - Impeachment by evidence of conviction of crime, Wyo.
Section 701. Opinion testimony by lay witnesses (a) rationally based on the witness's perception; (b) helpful to a clear understanding of the witness's testimony or in determining a fact in issue; and. (c) not based on scientific, technical, or other specialized knowledge within the scope of Section 702. Illustrations.
701. Opinion testimony by lay witnesses.