2.26 Impeachment of Defendant - Prior Inconsistent Statement Taken in Violation of Miranda Alternative 1: You just heard the defendant, testify on own (name), (his)(her) behalf. You also heard evidence that made (name) (a statement)(certain before trial. admitted making statement(s). statements) (Name) (this)(these) earlier statement(s)(is)(are) brought to your attention only to (This)(These) help you decide if you believe what the defendant testified to here in court. You may consider statement(s) as you decide if what said (this)(these) (name) here in court was true. You must not, however, consider the earlier statement(s) as evidence of guilt. The government must use other (name)’s evidence to prove, beyond a reasonable doubt, that the defendant committed the crime. Alternative 2: You will recall that the defendant, testified on (name), own behalf. You are about to hear evidence that made (his)(her) (name) (a before trial. earlier statement(s) by statement)(certain statements) (This)(These) brought to your attention only to help you decide if you (name) (is)(are) believe what the defendant testified to here in court. has denied (Name) making statement(s). If you find that made statement(s) (this)(these) (name) before trial that are different from testimony here at trial, then you (name)’s may consider statement(s) as you decide if what said here (this)(these) (name)
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
2017%20Chapter%202%20revisions%20final.docx