[2] Caselaw requirements of "surprise" and "damage" as prerequisites to impeaching one's own witness are conspicuously absent from Federal Rule 607. These requirements were designed to protect against a party calling a witness he knows will testify adversely to his cause solely so that he might introduce as "impeachment" a prior inconsistent statement of that witness, hoping the jury will consider the statement for its substantive content, the hearsay rule notwithstanding. The drafters of Federal Rule 607 dispensed with this problem by "proposing a definition of hearsay which excluded prior inconsistent statements, thereby making such evidence admissible for all purposes." 27 Wright & Gold, Federal Practice and Procedure: Evidence 6091 (1990), at 483. Because by this scheme prior inconsistent statements were to be admitted for any purpose, there would no longer exist an incentive to present a witness solely to "impeach" him with one, and the necessity for showing surprise and damage as a prerequisite to impeachment of one's own witness would disappear. "Unfortunately, ... Congress would reject Rule 801 as proposed and greatly limit the class of prior inconsistent statements that may be considered `not hearsay.' Congress made no effort to revise Rule 607 in light of the changes made to Rule 801(d)(1)(A)." Id. Commentators and federal courts have struggled with the question of whether, and if so how, to read "surprise" and "damage" requirements back into Rule 607, in view of the fact that prior inconsistent statements are still considered inadmissible hearsay. Id., 6093, at 496-515. Because Tex. R.Cr.Evid., Rule 801(e)(1)(A) echoes Federal Rule 801(d)(1)(A), presumably this Court will eventually confront a similar problem.
Bs 6093 Pdf Free 101l
Download File 🔥 https://cinurl.com/2xYdkc 🔥
be457b7860
princess hours full episodes tagalog version
keygen crack need for speed tm hot pursuit v1.0.0.0
Cara Memperbarui Fb Seluler Nokia X2
Stink The Incredible Shrinking Kid Pdf Download