LAW 545-001 – Evidence
Impeachment by Contradiction
Non-collateral contradiction is when extrinsic evidence calls into question the truth of a statement, such as by bias.
- Because the court does not want a bunch of mini-trials over little, barely-related matters which would just waste time.
- You can still ask the question of whether that is true or not though.
- This is similar to subsequent remedial measures.
It is possible for one to have previously remembered something, but not know it now without lying. They could have forgotten. Forgetfulness is not an inconsistent statement unless it is faked.
Silence may be used to impeach before a Miranda warning is given but not after.