In a criminal trial, a witness testifies on direct examination that they saw the defendant at the scene of the crime. Before trial, the same witness signed a written, unsworn statement denying that they saw the defendant. During cross-examination, defense counsel seeks to introduce the prior written statement. Under the Federal Rules of Evidence, may the defense introduce the statement?
Written statements may be introduced only when they corroborate the witness's current testimony.
The prior written statement is hearsay and cannot be admitted for any purpose.
The prior inconsistent statement can be introduced to challenge the witness's credibility.
The prior written statement is admissible to prove that the witness saw the defendant.
Yes. Under Federal Rule of Evidence 613(b), extrinsic evidence of a witness's prior inconsistent statement is admissible to impeach the witness once the witness has an opportunity to explain or deny the inconsistency. Because the written statement was not made under oath at a prior proceeding, it may be used only for impeachment, not as substantive proof. If the statement had been given under penalty of perjury at a trial, hearing, or deposition, it could also be admitted substantively under Rule 801(d)(1)(A).
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