Credibility and Impeachment Flashcards
A party has an absolute right to cross-examine a witness who testifies live. If there is no opportunity to cross,
the direct examination is struck down.
The scope of cross-examination is limited to
the issues covered during direct examination.
The Collateral Matters Doctrine limits impeachment by contradiction to answers given by the witness as
to collateral matters, extrinsic evidence cannot be used to contradict such matters.
Extrinsic evidence is
anything OTHER than examination on the issue of the moment.
A collateral matter is
a matter that has no relevance to a substantive matter in the case, only relevant for the purposes of contradicting.
You may not bolster your own witness unless
there has first been an appropriate impeachment. Doctrine of retaliation.
A prior consistent statement is admissible if the statement is one of
Identification.
May a party impeach their own witness?
Yes! Totally!
The five basic impeachment techniques are demonstrating:
1) Prior Inconsistent Statement;
2) Bias/Interest/Motive;
3) Prior Convictions;
4) Specific Acts of Deceit/Lying;
5) Bad Reputation for Truth.
Prior Inconsistent Statements are generally admissible only to
impeach, not for the truth of the earlier statement, UNLESS the prior statement was given under oath at trial, hearing/proceeding, deposition.
The Prior Inconsistent Statement is provable using extrinsic evidence, and will qualify as
an admission.
Bias/Interest/Motive may be shown using
extrinsic evidence after a foundation is laid by inquiry on cross-examination of the target witness.
A Prior Conviction may be used to impeach if
1) The felony or misdemeanor involves dishonesty or false statement; or
2) A felony conviction within the last 10 years.
Specific acts of deceit or lying, which did not result in a conviction, may be brought up in cross-examination, BUT
The party asking about the act must have a reasonable belief in the act’s commission AND extrinsic evidence is not permitted. If the witness lies, you’re stuck with it.
Impeachment by demonstrating a bad reputation for truth and veracity may be shown using
extrinsic evidence of opinion/reputation, i.e. “the community mouth.” No specific acts!
