Impeachment

Question 1

FRE 806

Answer 1

When a hearsay statement — or a statement described in Rule 801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination.

Question 2

Impeachment by a criminal conviction

Answer 2

(1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:

(A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and

(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving — or the witness’s admitting — a dishonest act or false statement.

(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:

(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and

(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.

Question 3

Messaanatto Waiver

Answer 3

Feds may have defendant sign a waiver that says anything they say can be used in the future for impeachment

Question 4

Common law impeachment doctines

Answer 4

• bias or improper motice
• defective capacity
  -specific contradiction

Question 5

the voucher rule

Answer 5

607…present best witnesses and evidence to jury

Question 6

impeachment for untruthful character

Answer 6

608

Question 7

impeachment for CC

Answer 7

609

Question 8

exception to common law voucher rule

Answer 8

witness must suprise, the answers must give an effect that would assist the other side

Question 9

parts to impeachment by prior statement…

Answer 9

commit, credit, confrontation

Question 10

impeachment by omission

Answer 10

appropriate when a witness just testified in court, giving details that were never provided in previous statements or depositions.