Prior Inconsistent Statements
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Evidence · Lesson 14
Prior Inconsistent Statements
這一課問的是：先前不一致陳述能否作為彈劾、實質證據、或兩者皆然？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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prior inconsistent statement
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Witness's earlier statement inconsistent with current testimony.
先前不一致陳述。
impeachment use
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Always admissible to challenge credibility (Rule 613).
彈劾用途。
substantive use
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Admissible as substantive evidence only if not hearsay or under exception.
實質用途。
Rule 801(d)(1)(A)
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Prior inconsistent statement under oath at trial/hearing/deposition is non-hearsay.
801(d)(1)(A)。
foundation
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Rule 613(b) requires opportunity to explain or deny for extrinsic evidence.
Rule 613(b) 基礎要求。
Rule Sentence · the workhorse
A witness's prior inconsistent statement is always admissible for impeachment under Rule 613, and is admissible as substantive evidence under Rule 801(d)(1)(A) only if the prior statement was given under oath at a trial, hearing, or deposition.
Mini IRAC · build the Application
Issue. May the prosecution use W's prior trial testimony, inconsistent with her current trial testimony, as substantive evidence of D's guilt?
Rule. Under Rule 801(d)(1)(A), a witness's prior inconsistent statement given under oath at a trial, hearing, or deposition is non-hearsay and admissible as substantive evidence.
Application (model). W's prior testimony was given under oath at a previous trial of D; W's current testimony is materially inconsistent. Because Rule 801(d)(1)(A) classifies prior inconsistent statements given under oath at a trial, hearing, or deposition as non-hearsay, the fact that W's prior statement was made under oath at a trial means it qualifies as non-hearsay.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the prior statement is admissible both for impeachment and as substantive evidence.
Practice Drill · tap to build the rule
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