Evidence Flashcards
Impeachment - MEE#2
(1) If W deny any knowledge at trail after saying she saw incident?
A witness’s credibility may be attacked by any party, including the party calling her.
For the purpose of impeaching the credibility of a witness, a party may show that the witness has, on another occasion, made statement that are inconsistent with some material part of her present testimony
Under the Federal Rules, an inconsistent statement may be proved by either examination of the witness or by extrinsic evidence.
1. Denial on the stand that [she] saw incident/D is inconsistent with her prior statement.
2. To prove prior inconsistent statement by extrinsic evidence, the witness generally must (a) be given an opportunity at some point to explain or deny the allegedly inconsistent statement (even after the statement is introduced), and (b) the statement must be relevant to some material issue in the case.
Nonhearsay Prior Statement - MEE#2
(2) Prior Statement inadmissible hearsay?
Hearsay is an out-of-court statement offered into evidence to prove the truth of the matter asserted, and is not admissible unless it falls into an exception.
Prior ID: a declarant’s prior statement indentifying a person as someone the declarant perceived earlier (including photo IDs) is not hearsay if the declarant is testifies at trial and is subject to cross-examination about the statement.
Prior Inconsistent Statement: Where a prior inconsistent statement was made under penalty of perjury at a prior trial, hearing, or other proceeding, or in a deposition, it is admissible nonhearsay.
Character Witness - MEE#2
(3) Character Witness testifying by reputation/opinion of his friends’?
Although character evidence is generally inadmissible to prove that a person acted in conformity with a particular trait, a criminal D may introduce evidence of a relevant trait to show his innocence.
A witness may testify to the D’s good reputation (or that he heard nothing bad), or may give his personal opinion concering that trait of the D.
1. Reputation: Testifying to D’s reputationi in the community
2. Opinion: Testify as to his own (W’s) personal opinion.
