Allegheny Pennsylvania Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction - Defendant Testifies With Felony Conviction
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FAQ
Rule 613 in evidence relates specifically to the admission of prior inconsistent statements for impeachment purposes. This rule provides a process for attorneys to introduce a prior statement that contradicts a witness's current testimony, potentially affecting the jury's perception of that witness. Rule 613 highlights the importance of consistency in testimony, especially in serious cases, such as those involving felony convictions. Understanding this rule is critical for effective legal representation in Allegheny Pennsylvania.
(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.
In practical terms, where a witness does not acknowledge making the prior inconsistent statement the cross-examiner should: Show the document to the witness. Outline the circumstances in which the prior inconsistent statement was made. Draw the witness's attention to the point of inconsistency.
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.
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.
Impeaching a witness refers to an attack on the witness's credibility. Opposing counsel uses this tactic to show the judge or jury that the witness's testimony should not be believed.
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.
Rule 609 provides that, with certain restrictions, a witness may be impeached witrh evidence of two kids of criminal convictions: (1) felonies, regardless of their nature; and (2) misdemeanors involving crimes of dishonesty and false statement, such as check deception and perjury.
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
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.