US-CA3 · jury_instructions
3d Cir. Model Jury Instr. (Criminal) 2.16
Impeachment of Witness - Prior Inconsistent Statement for Credibility
Only
You have heard the testimony of (name). You have also heard that
before this trial (he)(she) made a statement that may be different from
(his)(her) testimony in this trial. It is up to you to determine whether this
statement was made and whether it was different from (his)(her) testimony in
this trial. This earlier statement was brought to your attention only to help
you decide whether to believe (his)(her) testimony here at trial. You cannot
use it as proof of the truth of what the witness said in the earlier statement.
You can only use it as one way of evaluating (name)’s testimony in this trial.
[You have also heard evidence that (this witness)(certain witnesses) made
statements before this trial that were (describe requirement; e.g., made under
oath, given before the grand jury). When a statement is (describe condition; made
under oath, made before the grand jury), you may use it not only to help you
decide whether you believe the witness’s testimony in this trial but also as
evidence of the truth of what the witness said in the earlier statement. But when a
statement is (describe condition; e.g., not made under oath, not given before the
grand jury), you may use it only to help you decide whether you believe the
witness’s testimony in this trial and not as proof of the truth of what the witness
said in the earlier statement.]
Provenance
- Source
- ca3.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
316c83e91c005a63e304f7663f11383da846e1da639326779dadec0c822668e6
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