What is required when using a prior inconsistent statement to impeach?

What is required when using a prior inconsistent statement to impeach?

• A. The witness must have an opportunity to explain or deny
• B. The statement must be admissible as substantive evidence
• C. The witness must be a party to the case
• D. The statement must be made under oath

Answer: (A)

Impeachment with a prior inconsistent statement hinges on fairness: the witness must be given a chance to respond. When you use a prior statement that contradicts what the witness just testified, you have to allow the witness the opportunity to explain or deny that inconsistency. Only after the witness has had that chance can you introduce extrinsic evidence of the prior statement to prove its content, assuming the rules about impeachment content and admissibility are met. The statement need not be admissible as substantive evidence for impeachment, the witness need not be a party to the case, and the statement does not have to have been made under oath (though an oath can affect substantive treatment in other contexts). The essential requirement is simply giving the witness an opportunity to explain or deny the prior statement.

Impeachment with a prior inconsistent statement hinges on fairness: the witness must be given a chance to respond. When you use a prior statement that contradicts what the witness just testified, you have to allow the witness the opportunity to explain or deny that inconsistency. Only after the witness has had that chance can you introduce extrinsic evidence of the prior statement to prove its content, assuming the rules about impeachment content and admissibility are met. The statement need not be admissible as substantive evidence for impeachment, the witness need not be a party to the case, and the statement does not have to have been made under oath (though an oath can affect substantive treatment in other contexts). The essential requirement is simply giving the witness an opportunity to explain or deny the prior statement.