15.10 - 1. Using The Inconsistent Statement

• Jurisdiction: New York

1. Using the Inconsistent Statement

First, the purpose of using the inconsistent statement must be decided. Is it nothing more than to discredit the witness by showing that on different occasions he has given different statements? Or is it meant to make the jury believe the earlier statement and not the witness’s trial testimony? The cross-examiner must know the theory of his case and whether the earlier statement is consistent with that theory. If it is not, he should simply use the inconsistencies to...