Examination

Question 1

What are the 3 C’s (define them)?

Answer 1

Commit - reaffirm testimony they just gave
Credit - explain the circumstances under which the prior statement was made
Confront - read the text of the prior statement

Question 2

Impeaching a fact witness with signed statement to the police

Answer 2

• make sure you explain the circumstances surrounding the prior statement
• make sure you ask if they signed it because it was correct

Question 3

Marking exhibits in court - what do you say?

Answer 3

• marking as defense exhibit 1 for identification purposes
• showing to counsel
• may the witness be shown what is marked as defense exhibit 1
• is this the statement that you gave on xxxx to xxx?

Question 4

Can you impeach the witness with a statement the officer wrote down and they didn’t sign?

Answer 4

No. But they you can credit the fact that she spoke to a police officer and confront the witness with what she told the officer

Question 5

Impeaching a fact witness with unsigned and unrecorded statement to the police

Answer 5

• make sure that you establish the incident was still fresh in their mind
• make sure that you established that they tried to be as accurate as they could
• make sure that you establish that they didn’t want to give the wrong information

Question 6

What if the fact witness denies making a statement?

Answer 6

call the officer who wrote it/recorded it OR ask the DA to stipulate

Question 7

Can you use the officer’s paperwork to impeach a fact witness who didn’t sign the statement?

Answer 7

no

Question 8

What if when you ask the officer if they created the paperwork following the arrest, they say their partner did, not them?

Answer 8

• establish that they reviewed that document before testifying
• mark it as an exhibit
• make them look at the bottom where it has their partner’s and their own names/badge numbers