Trial lawyers love a good gotcha moment and this method of impeachment--by prior inconsistent statement--presents lots of opportunities for that. Proving that a witness previously made statements inconsistent with his or her trial testimony impeaches the witness by casting doubt on the witness’s credibility. Note that use of a prior inconsistent statement for impeachment purposes is different from use of the statement for substantive purposes; the latter invariably involves application of the hearsay rules, whereas the former doesn’t. State v. Roper, 328 N.C. 337, 366 (1991). Even though this is one of the most common techniques for impeaching a witness, not everyone is fluent in the basic rules. With this post I hope to change that. Here’s what you need to know: Form of the Prior Statement. No particular formality is required for the prior statement. State v. Ward, 338 N.C. 64, 97 (1994) (may be made in or out of court; may be oral or in writing); In re K.W., 192 N.C. App. 646, 650-51 (2008) (statement on MySpace page). Must Be the Witness’s Statement. The prior inconsistent statement must have been made by the witness; a witness may not be impeached with a prior inconsistent statement made by someone else. Ward, 338 N.C. at 97-98 (fact that the witness made the statement must be proved by direct evidence; proper to exclude testimony from a defense witness who heard of the statement second hand); State v. Lynn, 157 N.C. App. 217, 226-27 (2003) (following Ward). Note, however, that when the [...]
Faculty Coordinators
