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US-CA3 · jury_instructions

3d Cir. Model Jury Instr. (Criminal) 4.38

Impeachment of Defendant - Prior Inconsistent Statement Not Taken

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

in Violation of Miranda

You will recall that (name of defendant) testified during the trial on

(his)(her) own behalf. You will also recall that there was evidence that (name

of defendant) made (a statement)(certain statements) before trial. (Describe the

statement(s) to differentiate it from those admitted just to impeach.) (This)(These)

earlier statement(s) by (name of defendant) (was)(were) brought to your

attention in part to help you decide if you believe what the defendant testified

to here in court. If you find that (name of defendant) once said something

different, then you should decide if what (he)(she) said here in court was true.

In addition, however, you may consider the earlier statement(s) as evidence of

(name of defendant)’s guilt.

Provenance

Source
ca3.uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
312b88eb50a5434cee357449e8cac36ecfa39b071208acf8d16e4ccee9e1bcb1
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