Can a statement by a witness not remembering an event be admitted as a prior inconsistent statement?

California, United States of America


The following excerpt is from People v. Delgado, F059960, Super. Ct. No. VCF220346A (Cal. App. 2011):

Although the trial court refused to admit the statement as a prior inconsistent statement, the statement could have been admitted under that exception to the hearsay rule. While failure of recollection does not automatically render the conversation admissible as a prior inconsistent statement, under certain circumstances it will. "'Normally, the testimony of a witness that he or she does not remember an event is not inconsistent with that witness's prior statement describing the event.'" (People v. Ervin (2000) 22 Cal.4th 48, 84.) Inconsistency will not be implied unless a witness's claim of lack of memory amounts to deliberate evasion. (Ibid.)

Other Questions


Can statements of an unavailable witness be introduced as prior inconsistent statements of the unavailable witness? (California, United States of America)
Is there a reversible error in admitting a recording of prior inconsistent statements made to the police by an unavailable trial witness? (California, United States of America)
Is a statement made by a witness that is inconsistent with any part of the witness's testimony inconsistent with the testimony? (California, United States of America)
Does a witness have to admit or deny making a prior inconsistent statement? (California, United States of America)
Can a defendant be impeached for inconsistent statements regarding his prior inconsistent statements? (California, United States of America)
Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause? (California, United States of America)
Can a witness's prior inconsistent statements be used to test his credibility? (California, United States of America)
What is the test for admitting a statement by a witness that is inconsistent with their own testimony? (California, United States of America)
Can an inconsistent statement by a witness be used to attack the credibility of a witness? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.