What is considered inconsistent statement?

A statement is “inconsistent” “if under any rational theory it might lead to any relevant conclusion different from any other relevant conclusion resulting from anything the witness said.” Weinstein's Federal Evidence § 613.04[1]. See also United States v.

What is inconsistent statement in law?

: a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility — compare prior consistent statement.

Can a witness explain a prior inconsistent statement?

(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.

What are prior inconsistent statements used for?

Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.

Are prior inconsistent statements hearsay?

If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.

Prior Inconsistent Statements

Does a prior inconsistent statement have to be sworn?

Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding.

How is a witness impeached by prior inconsistent statement?

How witness impeached by evidence of inconsistent statements — Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be ...

How do you impeach a credible witness?

(1) The credibility of a witness may be impeached by evidence that has a tendency in reason to discredit the truthfulness or accuracy of the witness's testimony. (2) Evidence of impeachment may be used in the cross- examination of a witness.

Are excited utterances admissible?

Under the Federal Rules of Evidence, an excited utterance is defined as a statement that concerns a startling event, made by the declarant when the declarant is still under stress from the startling event. An excited utterance is admissible under an exception to the hearsay rule.

Can I impeach my own witness?

The traditional rule against impeaching one's own witness is abandoned as based on false premises. A party does not hold out his witnesses as worthy of belief, since he rarely has a free choice in selecting them. Denial of the right leaves the party at the mercy of the witness and the adversary.

Can I use hearsay to impeach?

Dec. 1, 2011.) The declarant of a hearsay statement which is admitted in evidence is in effect a witness. His credibility should in fairness be subject to impeachment and support as though he had in fact testified.

What is best evidence rule in law?

The best evidence rule is a rule in law which states that when evidence such as a document or recording is presented, only the original will be accepted unless there is a legitimate reason that the original cannot be used. This rule has its origins in the 1800s.

What exceptions to the hearsay rule have the courts recognized?

A statement that is not offered for the truth of the statement, but rather to show the state of mind, emotion or physical condition can be an exception to the rule against hearsay evidence. For instance, testimony that there was a heated argument can be offered to show anger and not for what was said.

How do you discredit a witness statement?

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

What is considered extrinsic evidence?

Extrinsic evidence, as used in the context of contract construction, is evidence relating to a contract but not appearing on the four corners of the contract because it comes from other sources involving the setting in which the parties negotiated the contract.

Can judges call witnesses?

(a) Calling.

The court may call a witness on its own or at a party's request. Each party is entitled to cross-examine the witness.

Can spontaneous statements be used in court?

Because of the fact-based nature of such a determination, courts set no rigid time limit after which a statement can no longer be made while under the stress of excitement. In fact, courts have found admissible spontaneous statements made anywhere from 30 minutes to several hours after the perceived event.

What is a spontaneous statement?

A spontaneous statement is a hearsay exception. It is a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when made under circumstances indicating a lack of trustworthiness.

What is a spontaneous utterance in law?

1) A startling or unusual event happened. 2) The declarant had personal knowledge of the event by being a participant in or. witness to it. 3) The statement is spontaneous, not carefully thought out.

Who are the liar type of witnesses?

Hostile & Untrustworthy – These types of witnesses purposely lie in an attempt to disrupt the investigation.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is a biased witness?

A witness may be biased by having a friendly feeling toward a person or by favoring a certain position based upon a familial or employment relationship.

Is I don't recall perjury?

According to attorney Paul Meissner from the law officers of Carlson & Meissner, an individual can in fact be convicted of perjury by claiming to not remember if certain circumstances are fulfilled.

Can you impeach a witness with another witness?

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.

Can a defendant be impeached if they testify?

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.