Impeachment Flashcards
Is bolstering your own witness allowed?
Not until after your witness’s credibility has been attacked.
Can you impeach your own witness?
Yes.
Impeachment methods
(1) prior inconsistent statements
(2) bias, interest, or motive to misrepresent
(3) sensory deficiencies
(4) contradiction
(5) bad reputation or opinion about witness’s character for truthfulness
(6) criminal convictions
(7) bad acts that reflect adversely on witness’s character for truthfulness
When are prior inconsistent statements admissible as substantive evidence?
When they are made under oath and as part of a formal hearing, proceeding, trial, or deposition.
Must a witness be given an opportunity to return to the stand to explain or deny the prior inconsistent statement?
Yes, but not necessarily before proof with extrinsic evidence.
Exception to confrontation requirement
No confrontation is required and no opportunity to explain need be given if the witness is an opposing party.
If the confrontation requirement is met, may bias be proven by extrinsic evidence?
Yes.
Is confrontation required for sensory deficiencies?
No.
Is extrinsic evidence allowed for sensory deficiencies?
Yes.
Is extrinsic evidence allowed for contradiction?
Not if the fact at issue is collateral.
Is confrontation required for bad reputation or opinion about witness’s character for truthfulness?
No.
Is extrinsic evidence allowed for bad reputation or opinion about witness’s character for truthfulness?
Yes.
May any crime involving dishonesty or false statement be used to impeach?
Yes.
Must the conviction be a felony if it does not involve dishonesty or a false statement?
Yes, but the conviction or release from prison, whichever is later, must be within 10 years of the witness’s testimony.
How must you prove a conviction?
(1) as a witness to admit prior conviction, or
(2) introduce record of conviction
Is a conviction admissible if the conviction was subject to a pardon, annulment, or other equivalent procedure?
Not if the pardon was based on a finding of rehabilitation and the witness has not been convicted of a subsequent felony, or if the pardon was based on a finding of innocence.
Is extrinsic evidence permitted for prior bad acts involving untruthfulness?
No.
When is showing a witness’s good character for truthfulness allowed?
When the opponent used methods of attacking the witness’s general bad character.
How do you show a witness’s good character for truthfulness?
The character witness provides reputation or opinion testimony about the witness’s good character for truthfulness.
When are prior consistent statements allowed?
When either the witness is charged with fabrication based on a recent motive or improper influence, and the statement was made before the motive arose; or the statement rehabilitates a witness impeached on another ground.
