Evidence: Former Testimoy v. Prior Inconsistent Statement

Former Testimony v. Prior Inconsistent Statement

When Made? Declarant? Prior Statement?
Former Testimony Proceeding Unavailable Prior cross examination
Prior Inconsistent Statement Proceeding A trial witness Inconsistent with trial testimony

Exam Tip -- Because grand jury proceedings do not provide an opportunity for cross-examination, the grand jury testimony of an unavailable declarant is not admissible again a defendant under the former testimony exception to the hearsay rule. Be careful not to confuse this with a prior inconsistent statement given under oath by a witness currently testifying. Grand jury testimony is admissible in that case, both as impeachment and substantive evidence.