07 Impeachment

Impeaching a witness means […] him.

discrediting

T/F: Evidence that is admissible only to impeach can also be used as substantive evidence.

F

Generally, a party cannot bolster their witness’s testimony until after that witness has been [..1..].

However, a party may offer evidence:

• that the witness made a [..2..] complaint and

• that a party made a prior statement of [..3..]

impeached, timely, identification

A witness may be impeached by […] party, including the party who called the witness.

any

The two primary methods for impeaching a witness are:

• [..1..] and

• [..2..]

cross-examination, extrinsic evidence

Prior Inconsistent Statements

A witness's prior inconsistent statement is admissible for substantive proof if it was made under oath at a prior […].

proceeding

Prior Inconsistent Statements

T/F: A witness's genuine lack of memory of a fact is generally considered inconsistent with a prior statement detailing that fact.

F

Prior Inconsistent Statements

To introduce extrinsic evidence of a prior inconsistent statement, the witness must generally be given an opportunity to [..1..] or [..2..] the statement.

explain, deny

Prior Inconsistent Statements

The foundation requirement for a prior inconsistent statement does not apply if the statement is an […] party's statement.

opposing

Bias or Interest

Before impeaching a witness with extrinsic evidence of bias, the majority rule requires that the witness first be asked about the bias on […].

cross-examination

Sensory Deficiencies

A witness may be impeached by showing their faculties of [..1..] and [..2..] were impaired.

perception, recollection

Sensory Deficiencies

T/F: A foundation must be laid on cross-examination before introducing extrinsic evidence of a witness's sensory deficiency.

F

Contradictory Facts

Extrinsic evidence may not be used to prove a contradictory fact if that fact is […], meaning it has no significant relevance to the case.

collateral

Opinion/Reputation

A witness's character for truthfulness can be attacked by calling another witness to testify to their [..1..] or [..2..].

reputation, opinion

Opinion/Reputation

T/F: To impeach a witness's character for truthfulness, a character witness may testify about specific instances of the witness's untruthful conduct.

F

Conviction of a Crime

A witness may be impeached by a prior conviction, but not by a mere [..1..] or [..2..].

arrest, indictment

Conviction of a Crime

For a crime involving […], a court has no discretion and must admit the conviction for impeachment.

dishonesty or false statement

Conviction of a Crime

For a felony not involving dishonesty, it is admissible to impeach a non-defendant witness if its probative value is not substantially outweighed by its […].

prejudicial effect

Conviction of a Crime

For a felony not involving dishonesty, it is admissible to impeach a criminal defendant witness only if the prosecution shows its probative value […] its prejudicial effect.

outweighs

Conviction of a Crime

A conviction is generally inadmissible for impeachment if more than […] years have passed since the conviction or release from confinement, whichever is later.

10

Conviction of a Crime

An old conviction may be admitted if its probative value [..1..] outweighs its prejudicial effect and the proponent gives [..2..].

substantially, written notice

Bad Acts (No Conviction)

T/F: Extrinsic evidence of a prior bad act not resulting in a conviction is permitted to impeach a witness.

F

Bad Acts (No Conviction)

A cross-examiner may ask a witness about a prior bad act probative of truthfulness, but is prohibited from using [..1..] to prove the act if the witness [..2..] it. Exception on extrinsic evidence: allowed if the prior bad act helps prove [..3..]

extrinsic evidence, denies, bias

The rule against impeachment on a [..1..] matter prohibits proving an untrue statement with extrinsic evidence if it's not [..2..]

collateral

directly relevant to the case

The credibility of WHO may be attacked by any evidence that would be admissible if the declarant had testified as a witness.

hearsay declarant

Prior Inconsistent Statement

When impeaching a hearsay declarant with a prior inconsistent statement, the declarant need not be given an opportunity to […].

explain or deny

Rehabilitation

Rehabilitation may occur on redirect when a witness is allowed to […] facts brought out on cross-examination.

explain or clarify

Rehabilitation

Evidence of a witness's good character for truthfulness is admissible to rehabilitate only after their character for […] has been attacked.

truthfulness

Rehabilitation

A prior consistent statement is admissible:

• to rebut a charge of recent fabrication IF it was made […] the alleged motive to fabricate arose.

before

Rehabilitation

A prior consistent statement admitted to rehabilitate a witness is admissible as […] evidence.

substantive

Conviction of a Crime

T/F: Juvenile convictions are generally admissible to impeach a witness in a civil case.

F

Conviction of a Crime

A conviction cannot be used for impeachment if it was subject to a pardon based on [..1..] or a pardon based on rehabilitation where the witness has not committed a subsequent [..2..].

innocence, felony

What must happen before impeachment?

Witness must take stand and testify

Contradictions - Admissibility of Extrinsic Evidence

You can’t use extrinsic evidence to impeach a witness about a contradiction when …

the matter is collateral

Evidence of the truthful character of the witness is admissible only after the …

W’s character for truthfulness has been attacked

Character Evidence for Truthfulness: Categories

1. Reputation or Opinion

2. Prior Bad Acts

3. Prior Criminal Conviction

Reputation/Opinion evidence can be used to impeach only after …

Prosecution opens the door by attacking the witness's character for truthfulness.

Prior Bad Acts: Must relate to …

truthfulness

Prior bad acts can be asked about on [..1..] but you can’t use [..2..]

cross, extrinsic evidence

Criminal Conviction—Criminal Defendant x Felony

What’s the standard for admitting the extrinsic evidence?

PV > PE

Criminal Conviction—Other Witness x Felony

What’s the standard for EXCLUDING

PE sub. > PV

Criminal Conviction—Any Witness x Felony Involving Dishonesty/False Statement

What’s the standard for admitting the extrinsic evidence?

Must admit

Criminal Conviction—Any Witness x Any Crime > 10 Years

What’s the standard for admitting the extrinsic evidence?

Written notice + PV sub. > PE

T/F: inquiry into bad acts to impeach a witness's credibility is permitted even if the witness was never convicted of a crime relating to the act

T