Impeachment

Question 1

Can you bolster (strengthen credibility before cred is attacked)?

Answer 1

No. Only rehabilitation (after attacked)

Question 2

Exceptions to bolstering? (2)

Answer 2

Timely complaint (like sex assault), or prior statement of identification

Question 3

True/false: only adverse parties can impeach

Answer 3

False. Any party may impeach any witness

Question 4

Impeachment methods? (general)

Answer 4

Cross-exam or extrinsic evidence

Question 5

Prior inconsistent statement impeachment w/ extrinsic evidence requires:

Answer 5

Proper foundation and the statement must be relevant to an issue in the case

Question 6

Can PIS be admitted as substantive evidence?

Answer 6

No, because it’s hearsay. UNLESS it was made under oath and then it can be admitted as nonhearsay, OR it was an opposing party’s statement (admission)

Question 7

What needs to happen if extrinsic evidence is introduced to prove a PIS?

Answer 7

Witness gets opportunity to explain or deny statement, and adverse party gets opportunity to examine witness about statement. NOTE: explain or deny can happen BEFORE OR AFTER the extr ev is introduced

Question 8

Can statement used to impeach also be used as substantive evidence?

Answer 8

Yes if OPPOSING party makes it (I.e. an admission)

Question 9

Extrinsic evidence of bias allowed?

Answer 9

Yes if witness is first asked about the bias/interest on cross-exam

Question 10

True/False: Sensory deficiency requires foundation to be laid.

Answer 10

False

Question 11

Can extrinsic ev be used to prove contradictory fact?

Answer 11

Yes unless the fact is collateral (non-important)

Question 12

Crimes that can be used to impeach

Answer 12

Any crime involving dishonesty or false statement
Felony not involving dishonesty or false statement
BUT none past 10 years (from the date of conviction or release from prison, whichever is later)

Question 13

May a witness be interrogated about bad acts involving untruthfulness?

Answer 13

Yes ONLY on cross-exam. No extrinsic ev allowed

Question 14

Can you object to asking witness about an arrest to show deceit?

Answer 14

Yes, not admissible

Question 15

Can you impeach on a collateral matter?

Answer 15

No, neither by extrinsic ev or PIS

Question 16

Do you have to give a hearsay declarant the opportunity to explain/deny?

Answer 16

No

Question 17

Witness who’s been impeached can be rehabilitated thru: (3)

Answer 17

Explanation on redirect
Good character for truthfulness (reputation or opinion testimony— no specific acts)
Prior consistent statement

Question 18

Prior consistent statements can be used to rehabilitate when: (2)

Answer 18

Credibility is attacked on the basis that the witness had some motive to lie

Attacked on ground other than truthfulness, like inconsistency or faulty memory