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UBE - Evidence > 10. Impeachment > Flashcards

10. Impeachment Flashcards

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1
Q

What is impeachment?

A

Casting adverse reflection on witness’ credibility

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2
Q

What are the general methods of impeachment?

A

Cross-examination (primary method)

  • Elicit facts from W that discredits his own credibility
  • Includes direct examination

Extrinsic evidence

  • Call other Ws to prove impeaching facts
  • Introduce other docs to prove impeaching facts
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3
Q

When may party bolster his own witness?

A

After W is impeached

Before W is impeached

  • To show W timely complained
  • To show W made prior identification
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4
Q

When may party impeach his own witness?

A

Hostile W

Adverse W

Required by law to call W

W gives surprise testimony
- Harmful to party

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5
Q

What is the purpose of prior inconsistent statements?

A

To show witness has, on another occasion, made statements inconsistent with his current testimony

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6
Q

What is required for impeachment of a witness by prior inconsistent statements?

A

Cross-examination

Extrinsic evidence

1) Relevant to issue (NOT collateral)
2) W is given opportunity to explain/deny statement ANY TIME (before/AFTER statement is introduced into evidence)
- UNLESS W is NOT present in court

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7
Q

Are there exceptions to the required formalities of extrinsic evidence for impeachment of a witness by prior inconsistent statements (NO need for witness to explain/deny statement)?

A

Opposing party’s statement

Hearsay declarant’s statement
- Use to impeach declarant

Required by justice
- Witness left stand + not available when inconsistent statement was discovered

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8
Q

When may prior inconsistent statements be used for purposes other than impeachment?

A

Non-hearsay

  • Previously made under oath (deposition/court)
  • As substantive evidence (to prove the facts stated)
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9
Q

What is the purpose of bias/interest/motive?

A

Tends to show witness has motive to lie due to interest in outcome of suit
- Even if evidence is NOT admissible

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10
Q

What is required for impeachment of a witness based on bias/interest/motive?

A

1) Proper foundation laid

2) Cross-examination
- Ask W whether claimed facts show bias/interest
- Trial judge has discretion to introduce extrinsic evidence

3) Extrinsic evidence
- NO justification for bias allowed

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11
Q

What are examples of bias/interest/motive?

A

Relationship
- Family/Business/Friendship

Financial interest

Immunity granted (criminal case)

Hostility

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12
Q

What is required for impeachment of a witness based on his criminal conviction?

A

1) Criminal conviction
- Pending appeal/review
- NOT arrest/charged

2) Either;
- Direct/Cross examination
- Extrinsic evidence

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13
Q

What type of criminal convictions are admissible?

A

Felony/Misdemeanor involving dishonesty/false statement (narrowly categorised by court) => Attack W’s character for truthfulness

  • Perjury
  • Fraud
  • Embezzlement
  • False pretenses

Felony NOT involving dishonesty/false statement (NOT misdemeanor)
- Witness is criminal defendant + Probative value outweighs prejudicial effect

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14
Q

What type of criminal convictions are not admissible?

A

Too remote
- At least 10 years old since date of conviction/confinement release (UNLESS probative value > prejudicial effect)

Juvenile offences

Pardoned witness

  • Based on innocence
  • NOT convicted of subsequent crime punishable by death/imprisonment for at least 1 year

Conviction obtained in violation of 6A

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15
Q

What is the purpose of specific instances of misconduct?

A

To show witness is unworthy of belief

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16
Q

What is required for impeachment of a witness based on his specific instances of misconduct?

A

1) Probative of truthfulness
- Deceit/lying

2) Bad act
- NOT arrest
- NOT conviction

3) Cross-examination (good faith)
- NOT extrinsic evidence

17
Q

What is required for impeachment of a witness based on his reputation for untruthfulness?

A

Evidence of W’s reputation

  • Business circles
  • W’s residing community

Impeaching W’s opinion of impeached W’s truthfulness

18
Q

What is required for impeachment of a witness based on his sensory deficiencies?

A

1) Either;
- Defects of capacity
- Lack of knowledge

2) Either;
- Cross-examination
- Extrinsic evidence

19
Q

What are examples of sensory deficiencies?

A

Defects of capacity

  • Perceptive disabilities (colourblind/deaf/intoxicated)
  • Lack of memory
  • Mental disorder

Lack of knowledge

  • Expert witness (field knowledge)
  • Opinion witness
  • Character witness (lack of knowledge re D’s criminal acts, despite testifying to D’s good character)
20
Q

What is required for impeachment of a witness by contradictory facts?

A

1) Contradictory fact
- Material issue
- Significant to W’s credibility
- Opponent would be precluded from testifying on subject matter

2) Either;
- Cross-examination
- Extrinsic evidence (NOT collateral)

21
Q

What is the purpose of contradictory facts?

A

W’s mistake/lie indicates he erroneous/false testimony

22
Q

How may a witness be rehabilitated?

A

Re-direct examination
- W can explain/clarify facts brought of cross-examination

Extrinsic evidence

23
Q

What is required for rehabilitation of a witness regarding his good reputation for truthfulness?

A

Call other witnesses for their testimony

Call other witnesses for their opinions

24
Q

What is required for rehabilitation of a witness regarding his prior consistent statements?

A

Untruthfulness
- Show W made previous consistent statement BEFORE onset of alleged motive

NOT untruthfulness

  • Based on Bias/Sensory deficiencies/Contradictory facts
  • NOT based on Criminal Convictions/Misconduct/Reputation (where W’s character for truthfulness already attacked)
  • Show previous consistent statement has special tendency to rehabilitate W’s credibility
25
Q

What is the difference between prior statements offered as substantive evidence and for impeachment?

A

Substantive evidence
- Under oath

Impeachment
- NOT under oath

UBE - Evidence (18 decks)

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