Impeachment

Question 1

Impeachment

Answer 1

To cast doubt on the witness’s accuracy or trustworthiness.

Question 2

Methods of Impeachment

Answer 2

1. Show impairment of perception or recollection
2. Demonstrate inconsistencies
3. Show Bias
4. Attack the witness’s character for truthfulness

Question 3

Non Character Based Impeachment Tatics

Answer 3

-Perceptions, Memory, Bias, Inconsistent Statements
-Extrinsic evidence: any evidence other than testimony from the witness currently on the stand.
-Collateral Matters: Impeaching credibility based on something irrelevant to the matter at hand.

Question 4

FRE 611(b) Scope of Cross-Examination

Answer 4

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matter as if on direct examination.

Question 5

FRE 613 Witness’s Prior Statement

Answer 5

(a) Showing or Disclosing the Statement During Examination. When examining a witness about the witness’s prior statement; a party need not show it or disclose its contents to the witness. But the party must on request, show it or disclose its contents to an adverse party’s attorney.

(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).