Can a witness be impeached by evidence of a prior inconsistent statement?

California, United States of America


The following excerpt is from People v. Johnson, 121 Cal.App.3d 94, 175 Cal.Rptr. 8 (Cal. App. 1981):

It is settled that a witness may be impeached by evidence of a prior inconsistent statement either on cross-examination or by introduction of extrinsic evidence of the prior inconsistent statement. (Evid. Code, 769, 770, 780, subd. (h), 1235.) It was thus proper to ask the witness whether he had made prior inconsistent statements. Moreover, impeachment by means of prior inconsistent statements made to the prosecuting attorney has been permitted in California. (See People v. Morgan (1978) 87 Cal.App.3d 59, 70-71, 150 Cal.Rptr. 712; People v. Dontanville (1970) 10 Cal.App.3d 783, 794, 89 Cal.Rptr. 172.) Such a procedure, however, is fraught with danger.

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