US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 3.5.2
Impeachment of Witnesses Because of Inconsistent Statements
or Felony Conviction
You should also ask yourself whether there was evidence that a witness
testified falsely about an important fact. And ask whether there was evidence that
at some other time a witness said or did something, or didn’t say or do something,
that was different from the testimony the witness gave during this trial.
To decide whether you believe a witness, you may consider the fact that the
witness has been convicted of a felony or a crime involving dishonesty or a false
statement.
But keep in mind that a simple mistake doesn’t mean a witness wasn’t
telling the truth as he or she remembers it. People naturally tend to forget some
things or remember them inaccurately. So, if a witness misstated something, you
must decide whether it was because of an innocent lapse in memory or an
intentional deception. The significance of your decision may depend on whether
the misstatement is about an important fact or about an unimportant detail.
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-09
- Content hash
ba1b1a423413964e716e7efdf15a34f3110639461bfd60210c706590836f9540
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