Pima Arizona Jury Instruction - Impeachment - Inconsistent Statement - Defendant Testifies With Felony Conviction
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FAQ
There are two purposes for this step. First, it is to show that the prior statement was more reliable and accurate. Second, it is to establish a foundation that will allow you to use extrinsic evidence of the prior inconsistent statement.
The three most often used methods to impair witness credibility include prior inconsistent statements, character evidence and case-specific impeachment.
If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
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.
A witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
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.
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.
A witness's credibility may be impeached by any party with a good faith basis for making the impeachment, including the party that called the witness.
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.