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US-CA3 · jury_instructions

3d Cir. Model Jury Instr. (Criminal) 2.18

Impeachment of Witness - Prior Bad Acts (F.R.E. 608(b))

activein force · 2026-08-19 – presentas-observed

Alternative 1 (to be given if the witness admits the bad act): You have heard

evidence that (name), a witness, committed (describe bad act inquired about

during cross-examination). You may consider this evidence, along with other

pertinent evidence, only in deciding whether to believe (name) and how much

weight to give (his)(her) testimony.

Alternative 2 (to be given if the witness denies the bad act): You heard (name of

lawyer) ask (name of witness) whether (he)(she) committed (describe bad act

inquired about during cross-examination), and (he)(she) denied it. I remind you

that questions by the lawyers are not evidence. It is the answer of the witness

that provides evidence. There is therefore no evidence that (name of witness)

committed (describe act).

Provenance

Source
ca3.uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
91613d6b0a3d7ca853db3635e19e1064034ab01402167b0475ea1f9dc8c527de
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