Evidence Flashcards
Prior Inconsistent Statement
A prior inconsistent statement is ordinarily admissible for the purpose of impeaching the credibility of a witness. Extrinsic evidence of the prior statement, such as the written statement itself may be admitted when the witness has been given an opportunity to explain or deny the statement.
To introduce a prior OOCS to impeach a W credibility, there must be an inconsistency between the OOCS and the witness’s trial testimony. The inconsistency must involve a relevant issue.
Lack of memory?
Impeaching Witness
it is generally permissible for a litigant to impeach the credibility of any witness, including a witness called by that litigant. It is common and proper to impeach a witness’s credibility by showing that the witness has made a prior inconsistent statement with her statement at trial.
Prior statement of IF
A prior statement of ID of a person is not hearsay if the witness who made the statement testifies at trial and is subject to cross-exam concerning the statement. For the statement to be admissible to prove the truth of the matter asserted, it is not necessary that the speaker be able to confirm the ID at trial or remember the ID of the person. If declarant testifies and is subject to X concerning ID, declarant’s lack of memory at trial doesnt defeat admissibility.
PIS (for truth)
To be admissible to prove the truth of the matter asserted, PIS must be made under oath, subject to the penalty of perjury at trial, hearing or other proceeding, or in a deposition.
Character Evidence (Reputation/Opinion) – D Raises
Character evidence is generally inadmissible to prove that a person acted in conformity with a particular character trait. However, a D in a criminal case is permitted to offer evidence of a relevant character trait to prove that the D did not commit the charged offense. Proof of C may only be made by reputation/opinion.
