Peru, IN asked in Criminal Law and Appeals / Appellate Law for Indiana

Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

1 Lawyer Answer
Joel D. Hand
Joel D. Hand
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the situation that you have presented. Your attorney is the best source for knowing how he or she intends to use these prior inconsistent statements to attack the credibility of this particular witness.

Andrew L. Bennett agrees with this answer

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