US-CA3 · jury_instructions
3d Cir. Model Jury Instr. (Criminal) 2.26
Impeachment of Defendant - Prior Inconsistent Statement Taken in
Violation of Miranda
Alternative 1: You just heard the defendant, (name), testify on (his)(her) own
behalf. You also heard evidence that (name) made (a statement)(certain
statements) before trial. (Name) admitted making (this)(these) statement(s).
(This)(These) earlier statement(s)(is)(are) brought to your attention only to
help you decide if you believe what the defendant testified to here in court.
You may consider (this)(these) statement(s) as you decide if what (name) said
here in court was true. You must not, however, consider the earlier
statement(s) as evidence of (name)’s guilt. The government must use other
evidence to prove, beyond a reasonable doubt, that the defendant committed
the crime.
Alternative 2: You will recall that the defendant, (name), testified on (his)(her)
own behalf. You are about to hear evidence that (name) made (a
statement)(certain statements) before trial. (This)(These) earlier statement(s) by
(name) (is)(are) brought to your attention only to help you decide if you
believe what the defendant testified to here in court. (Name) has denied
making (this)(these) statement(s). If you find that (name) made statement(s)
before trial that are different from (name)’s testimony here at trial, then you
may consider (this)(these) statement(s) as you decide if what (name) said here
in court was true. You must not, however, consider the earlier statement(s) as
evidence of (name)’s guilt. The government must use other evidence to prove,
beyond a reasonable doubt, that the defendant committed the crime.
Provenance
- Source
- ca3.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
63f28e849c52408af67a20e4d9c31edc08f215653ba14e9c24598c7b044b20bc
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