Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1097-3

Filed 03/30/2007

Page 1 of 1

INSTRUCTION NO. SMITH 9 Credibility of Witnesses -- Inconsistent Statement (Falsus In Uno Falsus In Omnibus) The testimony of a witness may be discredited or, as we sometimes say, impeached by showing that he or she previously made statements which are different than or inconsistent with his or her testimony here in court. The earlier inconsistent or contradictory statements are admissible only to discredit or impeach the credibility of the witness and not to establish the truth of these earlier statements made somewhere other than here during this trial. It is the province of the jury to determine the credibility of a witness who has made prior inconsistent or contradictory statements. [If a person is shown to have knowingly testified falsely concerning any important or material matter, you obviously have a right to distrust the testimony of such an individual concerning other matters. You may reject all of the testimony of that witness or give it such weight or credibility as you may think it deserves.]

O'Malley, Grenig & Lee, Federal Jury Practice & Instructions, § 15.06 (5th ed. 2000)