Jury Instruction - Impeachment - Inconsistent Statement and Felony Conviction 2025

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The document discusses the considerations for evaluating a witness's credibility in court, particularly focusing on inconsistencies in testimony and felony convictions. It emphasizes the importance of distinguishing between innocent mistakes and intentional falsehoods, while also noting that not all misstatements indicate dishonesty. The guidance is supported by a legal precedent.
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(5) The credibility of a witness may be impeached by showing that the witness omitted to state a relevant fact or to state it more fully prior to testifying, at a time when the witnesss attention was called to the matter and the witness was specifically asked about the facts embraced in the question asked at a hearing
In the case of presidential impeachment trials, the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.
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.
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.

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