ID · jury_instructions
ICJI 318
Impeachment – Prior Inconsistent Statement Without Oath
ICJI 318 IMPEACHMENT-PRIOR INCONSISTENT STATEMENT WITHOUT OATH
You have heard the testimony of _______ concerning a statement made by _______ before this trial. The believability of a witness may be challenged by evidence that on some former occasion the witness made a statement that was not consistent with the witness' testimony in this case. Evidence of this kind may be considered by you only for the purpose of deciding [whether you believe _______ 's testimony.] [the weight to be given the testimony that you heard from the witness in this courtroom.] This evidence of an earlier statement has been admitted to help you decide if you believe _______ 's testimony. You cannot use these earlier statements as evidence in this case.
Comment
The committee recommends that this instruction be given immediately following the witness' testimony upon request made by the party opposing the impeachment. If this instruction is not requested prior to or immediately after the testimony, the trial court does not err in failing to give it. State v. Vaughn, 124 Idaho 576, 861 P.2d 1241 (Ct. App. 1993).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
0e9e24f0e843f34617b7a0c81c355529768a8cd4ee2e9e0f8ee1c301a40384e1
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