Impeachment Flashcards
When can you bolster witness credibility?
-Credibility was attacked
-In a sexual assault case, evidence that P made a timely complaint
-Prior identification: identifying D as perpetrator (allowed to bolster AND as substantive)
Methods of impeachment
Prior inconsistent statements, bias or interest, criminal convictions, bad acts, opinion, or reputation regarding untruthfulness, sensory deficiencies
Impeachment by prior inconsistent statements
-Via cross OR extrinsic evidence
-Extrinsic evidence needs:
–witness opportunity to explain or deny
–adverse party opportunity to examine the witness
No foundation needed for prior inconsistent statement IF
-Prior inconsistent made by opposing party
-Hearsay declarant is being impeached
-Justice requires
Extrinsic evidence of bias?
Yes BUT I need to first ask about the bias facts on cross examination
Sensory deficiencies–when and how?
-Cross
-Extrinsic evidence
-No foundation needed
Contradiction extrinsic evidence?
Yes UNLESS insignificant fact
Method of proving untruthfulness?
-Character or opinion witnesses
Prior convictions permissible IF
-No foundation needed
-The court must admit crimes involving dishonesty or false statement
-The court may exclude crimes not involving dishonesty
Inadmissible prior convictions
-Crim D prior convictions UNLESS probative value outweighs prejudicial effect (favors exclusion)
-Other witnesses: 403 analysis (favors inclusion)
-10+yrs after release UNLESS probative value substantially outweighs prejudicial effect
-Pardoned based on rehabilitation
-Juvenile conviction
-Constitutionally defective conviction
Rehabilitations Methods
-can only rehabilitate the attacked trait
-explanation on redirect
-truthfulness character evidence
-Prior consistent statement IF witness attacked for truthfulness due to motive and statement predates motive OR witness impeached for non-character reason, like memory
