Orange California Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction - Defendant Testifies With Felony Conviction
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FAQ
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.
In California, unless the witness has been pardoned or relieved of the penalties because of a finding of innocence or rehabilitation, a prior felony is admissible to impeach the credibility of a witness. Cal. Evid.
Section 108(3) will apply if evidence of a prior inconsistent statement has been admitted or the witness's credibility has been impugned on the basis that the witness has fabricated or re-constructed their evidence or their evidence is the result of a suggestion. This provision also requires the court to grant leave.
United States, 405 U.S. 150, 154 (1972). The law requires the disclosure of exculpatory and impeachment evidence when such evidence is material to guilt or punishment.
The general rule is that the prosecution must disclose exculpatory and impeachment evidence within a reasonable time to allow the defendant to use it in trial.
Unwary witnesses can be tripped up (impeached) by their own prior words, conduct, and reputation. 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.
Rule 613(a) does not require the examining party to show or disclose the prior statement to the witness. However, "the party must, on request, show it or disclose its contents to an adverse party's attorney." Fed. R. Evid.
Impeaching the credit of a witness means to shake the reliability of the evidence given by the witness. It is to expose the person's (witness') real character and make the court believe that the witness is not reliable, and thus the court should not rely on this witness.
1) The process of charging a public official, such as the U.S. president or a federal judge, with a crime or misconduct, which results in a trial by the senate to determine whether the official should be removed from office.
Impeaching the credit of a witness means to shake the reliability of the evidence given by the witness. It is to expose the person's (witness') real character and make the court believe that the witness is not reliable, and thus the court should not rely on this witness.