3. Impeachment Flashcards
Methods of Impeachment (7)
♣ 1. Contradiction ♣ 2. Prior inconsistent statement ♣ 3. Bias ♣ 4. Sensory deficiencies ♣ 5. Reputation ♣ 6. Prior acts of misconduct ♣ 7. Prior criminal convictions
Evidence supporting witness credibility is inadmissible unless witness credibility has been attacked.
Collateral Matters and Extrinsic Evidence
Extrinsic evidence may not be used to impeach W on collateral matters.
♣ Extrinsic evidence: any evidence other than W’s testimony at the current proceeding
♣ Collateral: a fact not material to issues in the case.
Extrinsic evidence is admissible on non-collateral matters and for non-impeachment purposes.
Contradiction
Any evidence may be used to show W has made contradictory statements on material issues.
Prior Inconsistent Statement
o Witness’s prior inconsistent statements may be used to impeach W’s present testimony
o W must have opportunity to explain/deny the statement
o If prior inconsistent statement is hearsay, it is admissible for impeachment purposes, but inadmissible as substantive evidence.
Bias
Established through cross-examination or extrinsic evidence.
Witness must be questioned on cross-exam regarding the facts that show bias so that witness has opportunity to explain.
Prior instances of misconduct:
Must be an act of lying or deceit
No extrinsic evidence permitted. Witness may only be asked about prior misconduct; questioning attorney has to accept witnesses answer.
Reputation for Untruthfulness
Witness can be impeached by testimony describing his reputation for untruthfulness
Prior criminal conviction
10 year old conviction cannot be used (either from the date of conviction or date of release from confinement, whichever is later)
Felonies not involving dishonesty:
♣ Misdemeanors are inadmissible unless they deal with dishonesty
Felonies: admissible is gov. can show that probative value outweighs prejudicial effect.
