Nassau New York Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction
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FAQ
(in the law of evidence) The evidence of a statement made on a previous occasion by a witness giving evidence in proceedings.
Prior inconsistent statements are always admissible to impeach a witness, so long as they're in fact inconsistent. Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding.
Another way to describe inconsistency is to say that two or more statements are inconsistent with each other if they couldn't all be true. Now the ambiguity is embedded in what the word "could" means.
If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
(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.
To be hearsay, testimony must describe the content of an utterance that asserts facts and is offered to prove that the facts are true. A. No content. Evidence is hearsay only if it has substantive content.
90.608 Who may impeach. Any party, including the party calling the witness, may attack the credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased.
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.
Yes. If a witness testifying at trial made a prior statement that a party would like to introduce and that statement was intended as an assertion and is now being offered as substantive evidence to prove the truth of the matter, then the statement would still be hearsay.
Prior inconsistent statement (s 106(2)(c)): This was admissible at common law. Once admitted, but subject to s 136 (General discretion to limit use of evidence), the prior statement becomes evidence of the truth of the facts stated in accordance with s 60.