Impeachment

Question 1

Bias or Prejudice

Answer 1

1. Specific bias or prejudice: Always admissible

2. General bias or prejudice: inadmissible unless extraordinary

Question 2

Impeachment by Prior Convictions

Answer 2

1. Conviction of any crime that requires proof of false statement
2. If conviction did not require proof of false statement, it must be a felony, and court may exclude if probative value is outweighed by danger of unfair prejudice

• For both categories conviction or release from jail must be within 10 years of trial whichever is later
• I more than 10 years may not be used for impeachment unless the proponent provides pre-trial notice and the judge finds probative value substantially outweighs the prejudicial effect.

Question 3

Prior Inconsistent Sttaements

Answer 3

May be impeached if shown that on some other occasion, made a statement (oral or writing) that is inconsistent w/ testimony at trial.

Can be used for both substantive use and impeachment only if:

1) The prior statement is admissible under the hearsay rules, OR
2) The prior statement was made under oath at a trial or other legal proceeding

Question 4

GA Rule on Prior Inconsistent Statements

Answer 4

Prior inconsistent statement is admissible for substantive and impeachment use if the declarant is at trial and subject to cross.