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2.9 Impeachment Evidence—Witness

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2.9 Impeachment Evidence—Witness

            The evidence that a witness [e.g., has been convicted of a crime, lied under oath on a prior occasion, etc.] may be considered, along with all other evidence, in deciding whether or not to believe the witness and how much weight to give to the testimony of the witness and for no other purpose.


            See Fed. R. Evid. 608–09; United States v. Hankey, 203 F.3d 1160, 1173 (9th Cir.2000) (finding that district court properly admitted impeachment evidence following limiting instruction to jury). If this instruction is given during the trial, the Committee recommends giving the second sentence in numbered paragraph 3 of Instruction 1.10 (What Is Not Evidence) with the concluding instructions. See also Instruction 1.11 (Evidence for Limited Purpose).