Evidence 21-25 Flashcards
In CA, when is evidence of Prior Convictionsadmissible to attack a witness’s character for truthfulness?
Felony — only convictions involving moral turpitude(subject to CEC 352 balancing).
Misdemeanor — only admissible: (1) in a criminal case, AND (2) if prior misdemeanor conviction involves moral turpitude.
Moral turpitude = crimes involving lying, violence, sex crimes, and extreme recklessness.
Priority: Medium
When may a witness’s credibility be attacked on cross-examination with Specific Instances of Conduct (i.e. prior bad acts)?
Under the FRE: Only when:
The conduct is probative of the witness’s character for truthfulness or untruthfulness. (BUT, extrinsic evidence is NEVER admissible to attack/support such instances of a witness’s credibility.)
In CA: Prior bad acts are only admissible under Proposition 8 if the acts involve moral turpitude.
Priority: Medium
How can a witness’s Character for Truthfulness (credibility) be attacked or supported?
By:
Reputation testimonyabout the witness’s character for truthfulness or untruthfulness in the community; OR
Opinion testimonyabout the witness’s character.
**Evidence of truthful character is only admissible AFTER the witness’s character for truthfulness has been attacked.
Priority: N/A
May a witness’s ability to observe, remember, or relay facts accurately be attacked on impeachment?
YES, a witness may be impeached on these issues on:
cross-examination; OR
with extrinsic evidence.
Priority: N/A
Under the FRE, how may a Hearsay Declarant’s credibility be impeached (when a hearsay statement has been admitted into evidence)?
By any evidence that would be admissible if the declarant had testified as a witness.
*A court may admit evidence of inconsistent statements/conduct regardless of when the statement occurred or if the declarant had the opportunity to explain or deny it.
Priority: N/A
