Impeachment Flashcards
What 4 things can you impeach a witness on?
: questioning the credibility of a witness’ (1) untruthfulness, (2) bias, (3) ability to perceive/testify accurately, (4) inconsistent prior statements.
How can a witness be impeached?
: by witness’s own testimony at trial, testimony of another witness, or other extrinsic contradictory testimony.
Who can impeach?
607 - any party including the party calling the witness.
608a - Truthful Character Evidence
: since a witness’s credibility can’t be bolstered, evidence of truthful character is admissible only after an attack has been made on a witness’s character for truthfulness. Impeachment for bias etc doesn’t count. A witness’s character can only be attacked via reputation and opinion testimony.