Fill and Sign the Jury Instruction Impeachment Inconsistent Statement Defendant Testifies with Felony Conviction Form

6.4 Impeachment Inconsistent Statement (Defendant Testifies With Felony Conviction) You should also ask yourself whether there was evidence tending to prove that the witness testified falsely concerning some important fact; or, whether there was evidence that at some other time the 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 important fact or with only an unimportant detail. A Defendant has a right not to testify. If a Defendant does testify, however, you should decide in the same way as that of any other witness whether you believe the Defendant's testimony. [Evidence of a Defendant' s previous conviction of a crime is to be considered by you only in deciding whether you believe or disbelieve the Defendant as a witness, and must never be considered as evidence of guilt of t he crime(s) for which the Defendant is on trial.] ANNOTATIONS AND COMMENTS Unit ed States v. Lippner, 676 F.2d 456, 462 n.11 (11th Cir. 1982), it is plain error not to give a limiting instruction (such as t he last sentence of t his instruct ion) w hen a Defendant is impeached as a w it ness under Rule 6 09, F.R.E., by cross examination concerning a prior conviction) (citing Unit ed States v. Diaz, 58 5 F.2d 116 (5t h Cir. 1978)). If, however, evidence of a Defendant ' s prior convict ion is admitted for other purposes under Rule 404(b), F.R.E., t he last sentence of this instruction should not be given. See, instead, Trial Instruct ion 3 and Special Instruct ion 4. Similarly, t he last sentence of t his instruct ion should not be given if evidence of a Defendant' s prior conviction is admitted because the existence of such a conviction is an essential element of the crime charged. See, f or example, Offense Instruct ion 30.6, 18 USC 922(g), and the Annotations and Comments following that instruct ion.