Credibility, Impeachment, and Testimonial Privileges

Vocabulary flashcards covering the concepts of witness credibility, methods of impeachment, rehabilitation, and testimonial privileges according to the Federal Rules of Evidence and Mississippi distinctions.

Impeachment

The process of casting an adverse reflection on the veracity of the witness.

Accrediting

The act of bolstering the testimony of a witness before the witness has been impeached, which is generally prohibited.

Timely Complaint

An exception to the rule against bolstering where evidence of a prompt report, such as by a rape victim, is admissible to support credibility.

Prior Identification

Evidence of a witness's previous statement identifying a person, admissible to bolster testimony and as substantive evidence.

Extrinsic Evidence

A method of impeachment conducted by calling other witnesses or introducing documents to prove discrediting facts.

Prior Inconsistent Statements

Previous assertions made by a witness that contradict a material part of their current in-court testimony.

Collateral Matter

An issue not directly relevant to the case or insignificant to credibility, for which extrinsic evidence of contradiction is barred.

Bias or Interest

Evidence showing a witness has a motive to lie due to relationships, financial stakes, or hostility toward a party.

Crimen Falsi

Offenses involving dishonesty or false statement, such as perjury, fraud, or embezzlement, used for impeachment without court discretion.

Ten-Year Rule

The standard under Fed. R. Evid. $609(b)$ where a conviction is generally too remote if more than $10\,years$ have elapsed since the date of conviction or release.

Juvenile Adjudication

Juvenile offenses that are generally inadmissible for impeachment unless the court has discretion to admit them in criminal cases for witnesses other than the accused.

Bad Acts

Specific instances of misconduct probative of truthfulness that can be inquired about on cross-examination but cannot be proven by extrinsic evidence.

Opinion Evidence of Character

Personal assessments of a witness's truthfulness based on acquaintance, permitted under Federal Rule of Evidence $608(a)$.

Reputation Evidence of Character

Impeachment by showing a witness has a poor general reputation for truth and veracity in their community or business circles.

Sensory Deficiencies

Impeachment based on defects of capacity in the witness's faculties of perception or recollection.

Contradictory Facts

Facts used to suggest a witness is lying on the whole by showing they made a mistake or lied on a specific material point.

Hearsay Declarant

A person whose out-of-court statement is admitted and whose credibility may be attacked using any evidence admissible if they had testified.

Rehabilitation

Supporting a witness who has been impeached, typically through explanation on redirect examination or evidence of good reputation for truthfulness.

Prior Consistent Statement

A statement made by a witness before an alleged motive to lie arose, used to rebut charges of recent fabrication or improper motive.

Specific Objection

An objection that states the particular ground for the protest, required unless the ground is apparent from the context.

Opening the Door

The principle where a party who introduces evidence on a subject cannot complain if the adversary offers counterevidence on that same subject.

Rule of Completeness

The requirement that if a party introduces part of a statement, the adverse party may require the introduction of any other part that in fairness ought to be considered.

Motion to Strike

A procedural request made to remove inadmissible matter or unresponsive answers from the record.

Offer of Proof

A disclosure of the nature, purpose, and admissibility of rejected evidence to preserve a claim of error for appeal.

Witness Offer

A type of offer of proof where the counsel examines the witness out of the jury’s hearing to create a question-and-answer record.

Testimonial Privilege

The legal right to refuse to disclose, and prohibit others from disclosing, certain sorts of confidential information in judicial proceedings.

Attorney-Client Privilege

The protection of confidential communications between an attorney and client made during professional consultation.

Representative of a Client

An individual with authority to obtain legal services or act on advice rendered by an attorney on behalf of the client.

Crime-Fraud Exception

The loss of attorney-client privilege when services are obtained to aid in the planning or commission of a crime or fraud.

Attorney's Work Product

Documents prepared by a lawyer for their own use in prosecuting a case, generally protected from discovery except in cases of necessity.

Physician-Patient Privilege

A statutory privilege that prevents a physician from divulging information acquired while attending a patient in a professional capacity.

Psychotherapist-Client Privilege

A privilege for confidential communications between a client and a psychiatrist, psychologist, or licensed social worker.

Spousal Immunity

The privilege of a married person whose spouse is a defendant to refuse to testify against that spouse in a criminal case.

Confidential Marital Communications

The privilege protecting private communications made between spouses during a valid marriage in reliance upon the intimacy of the relationship.

Privilege Against Self-Incrimination

The Fifth Amendment right of a witness to refuse to answer any question whose answer might tie them to the commission of a crime.