Fill and Sign the 615 Impeachment by Inconsistent Statement New York State Form

6.1 Impeachment - - Inconsistent Statement You should also ask yourself whether there was evidence tending to prove that a witness testified falsely concerning some important fact; or, whether there was evidence that at some other time a witness said or did something, or failed to say or do something, which was different from the testimony the witness gave before you during the trial. You should keep in mind, of course, that a simple mistake by a witness does not necessarily mean that the witness was not telling the truth as he or she remembers it, because people naturally tend to forget some things or remember other things inaccurately. So, if a witness has made a misstatement, you need to consider whether it was simply an innocent lapse of memory or an intentional falsehood; and the significance of that may depend on whether it has to do with an import ant fact or with only an unimportant detail.ANNOTATIONS AND COMMENTSUnited States v. D'Antignac, 628 F.2d 428, 435-36 n.10 (5th Cir. 1980), cert. denied, 450 U.S. 967, 101 S.Ct . 1485, 6 7 L.Ed.2d 617 (1981) approved instruct ion (used in conjunction with Basic Instruct ion 5 and Special Instruct ion 2.1 as befitted the f act s of t hat case). See also Unit ed States v. McDonald, 620 F.2d 559, 565 (5th Cir. 1980), and United States v. Soloman, 85 6 F.2 d 157 2, 15 78 (11 t h Cir. 1 98 8), reh'g denied, 863 F.2d 890 (1988), cert. denied, 489 U.S. 1070, 109 S.Ct. 1352, 103 L.Ed.2d 820 (1989).