Forward Progress: A New Pattern Criminal Jury Instruction for Impeachment with Prior Inconsistent Statements Will Ease the Court’s Burden by Emphasizing the Prosecutor’s

Authors

Hugh M. Mundy, The John Marshall Law School

Keywords

evidence; hearsay; reform; rules; federal rules of evidence

Abstract

In this Article, I discuss the history of Rule 801(d)(1)(A), focusing on the origins and importance of the Rule’s restrictive language. In addition, I review the current federal landscape of pattern criminal jury instructions for witness impeachment with a prior inconsistent statement. Finally, I propose a revised jury instruction designed to clarify juror confusion while maintaining the critical safeguards for substantive admissibility of prior inconsistent statements.

Recommended Citation

Hugh M. Mundy, Forward Progress: A New Pattern Criminal Jury Instruction for Impeachment with Prior Inconsistent Statements Will Ease the Court’s Burden by Emphasizing the Prosecutor’s, 84 Fordham L. Rev. 1455 (2016).
Available at: https://ir.lawnet.fordham.edu/flr/vol84/iss4/6