credibility and impeachment

Question 1

Watch ut for hearsay!

Answer 1

watch out when prior statement of W is offered to attack or suport credibility

Question 2

evidence to support credibility

Answer 2

inadmissible ulness credibility is attacked first

Question 3

Prior consistent statemetn

Answer 3

not hearsay and admissible for ALL purposes if

1. made before alleged bribe or
2. rehabilitates W credibility if attacked on some other non-chracter ground

Question 4

iimpeachment generally

Answer 4

3 step admissibility for impeach

1. is source of impeachment extrinsic evidence or testimony at this proceeding of W being impeached?
2. if extrinsic, is it admissible given impeachment technique
3. any other foundation requiremnt

Question 5

extrinsic evidence

Answer 5

any evi other than testimony given at this proceeding by teh W being impeached (e.g. testimoney of other Ws, writing,s prior statements of W who is now testifying

Question 6

impeachment by contradiction

Answer 6

extrinsic evidcene inadmissible to contradict on a collateral matter (not material to issues and says nothing about W’s credibility)

Question 7

impeachment by prior inconsistent statement PIS

Answer 7

admissible but only to show that they made the statement, not that the facts themselves are true

PIS of W who testified at trial - not hearsay if given under oath at trial or deposition

Question 8

extrinsic evidence of PIS

Answer 8

inadmissible to impeach on collateral matter

Question 9

PIS foundation requriement

Answer 9

extrinsic evidence admissible only if W given opportnity to explain or deny

Question 10

impeachment with evidnece of bias, interest, motive

Answer 10

this is admissible only if to show BIAS INTEREST or MOTIVE

If given an opporutnity to explain or deny, then can offer extrinsic evidence (e.g. ask if they got a plea bargain. they say no. you then offer plea bargain agreement)

Question 11

Impeachment of prior convictions

Answer 11

crimes involving DISHONESTY or FALSE STATMENT

all convictions (felonies and misdemeanors) for cirmes of dishoney or false statemnet (perjruy, forgeery or fraud) are admissible

NO BALANING OF UNFAIR PREJUDICE unless greater tahn 10 yeras old

Question 12

cimres not involving dishonest or false statement

Answer 12

felonies not ivolving dishonest or false statemtn may be admissible to impeach, but may exclude for unfair prejudice

misdemeanors that do not involve dishonesty or false statement are inadmissible to impeach

Question 13

impeachment w/ non-conviction misconduct evidence bearing on truthfulness

Answer 13

Acts of miconduct that did not result in a conviciton are admissible to impeach in obht civil and crimina lcases if teh acts involve lying

extrinsic evidence to prove acts is inadmissible

can only do on cross

Question 14

impeachment w/ reputation and opinion regarding truthfulness

Answer 14

is admissible and you can bring in extrinsic evidence

Question 15

impeachment of hearsay declarant

Answer 15

when a hearsay statemtn had been admitted in evidecne, teh credibility of the celarant may be attached by any evidence tha twould be admissible for that purpose if declarant had testified as a live witness