Legal Question in Criminal Law in Florida
When a witness is impeached is there statement removed or stricken and is there a motion needed for impeachment
Asked on 10/04/19, 9:35 pm
2 Answers from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
It could be removed but usually it becomes a jury question.
Answered on 10/04/19, 11:25 pm
Eric Trabin
Lucid Legal, PLLC
Impeachment does not usually work that way. Impeachment is when an attorney confronts a witness to try and undermine their testimony. Ultimately it is left to the jury, or other tried of fact, to decide what is credible and proven.
For example, if a witness is saying the guy was wearing a blue shirt, but previously said the shirt was red, then a lawyer would impeach the witness by asking them about the prior inconsistent statement. Thus the witness is impeached but that doesn’t result in their testimony being thrown out.
Answered on 10/07/19, 1:26 pm
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