Tarrant Texas Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction - Defendant Testifies With Felony Conviction
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FAQ
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.
As modified by the House, the rule would admit prior convictions for impeachment purposes only if the offense, whether felony or misdemeanor, involved dishonesty or false statement. The committee has adopted a modified version of the House-passed rule.
If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
Extrinsic evidence of a prior inconsistent statement by a witness is admissible if both of the following apply: (1) If the statement is offered solely for the purpose of impeaching the witness, the witness is afforded a prior opportunity to explain or deny the statement and the opposite party is afforded an opportunity
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.
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.
The resulting length of the trial would by far outweigh the limited probative value of such evidence. (Pavao, 59 NY2d at 289.) Evidence that charges on trial had already been determined adversely to the defendant by another tribunal, however, is inadmissible for impeachment of the defendant or otherwise.
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.
How Do Lawyers Impeach a Witness? Impeaching a Witness Through Prior Inconsistent Statements.Impeaching a Witness by Showing Bias or Personal Interest.Impeaching a Witness With Character or Reputation Evidence.Impeaching a Witness Who Has a Criminal Conviction.