Impeachment | Problem 19

Prosecution of D for assaulting V. At trial, D testifies that he did not lay a hand on V. On cross-examination, the prosecution asks D if it isnt true that shortly after the incident, D told a bystander that she punished V through force. D objects to the statement on hearsay grounds.

How should the court rule?

Objection overruled. The statement would be non-hearsay since it amounts to an opposing party statement under FRE 801(d)(2)(a). The statement comes in for its truth (that D punished V through force). The statement would also be admissible to impeach D because its inconsistent with Ds current testimony.

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