Impeachment

Question 1

Impeachment: Extrinsic Evidence & Collateral Matters

Answer 1

Extrinsic E may be used to impeach a witness, except on collateral matters

I.e. if the witness contradicts on a collateral matter on cross-examination, extrinsic evidence cannot be offered to refute their answer

Question 2

Impeachment by Contradiction

Answer 2

Any evidence may be used to show the witness has made contradictory statements on material issues

Question 3

Impeachment by Prior Inconsistent Statement

Answer 3

A witness’s prior inconsistent statement may be used to impeach a witness’s present testimony

Question 4

Impeachment by Prior Inconsistent Statement: Establishing PIS

Answer 4

May be established through cross-examination or extrinsic evidence

Question 5

Impeachment by Prior Inconsistent Statement: Foundation Required

Answer 5

Witness must have an opportunity to explain or deny the statement

• NOT required for PIS by a hearsay declarant

Question 6

Impeachment by Prior Inconsistent Statement: Hearsay

Answer 6

If PIS is hearsay, it is admissible for impeachment purposes, but inadmissible as substantive evidence

Question 7

Impeachment by Establishing Bias

Answer 7

May be established through cross-examination or by extrinsic evidence

• Foundation required (Witness must be questioned on cross regarding facts that show bias or interest so they have an opportunity to explain or deny)

Question 8

Impeachment by Prior Bad Acts

Answer 8

A witness may be questioned on cross-exam about any prior misconduct probative of truthfulness

• Arrests /= misconduct - must be act of lying or deceipt
• No extrinsic evidence permitted to refute

Question 9

Impeachment based on Opinion or Reputation for Untruthfulness

Answer 9

A witness may be impeached by testimony describing their reputation for untruthfulness in the community

Question 10

Impeachment by Prior Conviction: Not Involving Dishonesty

Answer 10

Felonies - admissible

Misdemeanors - inadmissible

Question 11

Impeachment by Prior Conviction: Involving Dishonesty

Answer 11

Both felonies and misdemeanors admissible

Question 12

Impeachment by Prior Convictions More than 10 Years Old

Answer 12

Neither felonies nor misdemeanors admissible unless probative value substantially outweighs unfair prejudice AND adverse party is given notice

• Determine 10 years from date of conviction or release from confinement, whichever is later