Impeachment

Question 1

What is impeachment?

Answer 1

Discrediting a witness.

Question 2

Can you bolster/accredit the testimony of a witness?

When can you do it?

Answer 2

Yes.

• After a witness has been impeached.
• In sexual assault cases, to show that a witness made a timely complaint made. (Exception)
• To show that the witness made a prior statement of identification (identifying the defendant as the perpetrator. (Exception)

Question 3

A witness may be impeached by ________________

Answer 3

any party, including the party that called them.

Question 4

How can a witness be impeached?

Answer 4

• Through cross-examination.
• Through extrinsic evidence.

Question 5

What are the four impeachment methods that involve impeaching a witness with facts that are specific to the current case?

Answer 5

• Prior inconsistent statements
• Bias
• Sensory deficiencies
• Contradictory Facts

Question 6

What are the three impeachment methods that involve impeaching a witness with their general bad character for truthfulness?

Answer 6

• opinion/reputation evidence of untruthfulness
• prior convictions
• bad acts

Question 7

What must a party do to prove show a prior inconsistent statement through extrinsic evidence?

Answer 7

• Lay a proper foundation.
• Make sure that the statement is relevant to some issue in the case.

Question 8

When can a prior inconsistent statement be used as substantive evidence?

Answer 8

When it was stated under oath at a prior proceeding.

Question 9

Extrinsic evidence can be introduced to prove a prior inconsistent statement only if, at some point…

Answer 9

• The witness is given an opportunity to explain or deny the statement; and
• The adverse party is given an opportunity to examine the witness about the statement.

Question 10

The foundation requirement for prior inconsistent statements does not apply in instances where the prior inconsistent statement was an opposing party’s statement.

True or false.

Answer 10

True.

(Module 7.2.1(b), Page 47)

Question 11

Can extrinsic evidence be used to impeach for bias?

Answer 11

Yes but the witness must be asked first about the facts that show bias or interest on cross-examination.

(Module 7.2.2, Page 47)

Question 12

A witness can be impeached to show a sensory deficiency through both cross-examination and extrinsic evidence.

True or false.

Answer 12

True.

Question 13

Does the foundation rule apply to impeachment of sensory deficiencies?

Answer 13

No.

Question 14

Can you use extrinsic evidence to show that a witness contradicted themselves on the stand?

Answer 14

Yes, unless the contradictory fact is collateral.

Question 15

Explain how someone can be impeached due to contradictory facts.

Answer 15

• If a witness lied or was mistaken by a fact on the stand, a cross-examiner can try to make the witness admit that they lied or were mistaken.
• If the witness admits that he lied, he was been impeached by contradiction.
• If he sticks with his story, the cross-examiner can use extrinsic evidence to show that the witness lied.

(Module 7.2.4, Page 48)

Question 16

A witness can be impeached with reputation or opinion evidence of their own bad character for truthfulness.

True or false.

Answer 16

True.

Question 17

Can a witness be impeached by proof of a conviction?

Answer 17

Yes.

Question 18

Name the types convictions that a witness can be impeached with?

Answer 18

1) Any conviction of a crime involving dishonesty or false statement.
2) Any felony that doesn’t involve dishonesty or false statement (Court has the discretion to exclude)

Question 19

Generally, if more than ___________________ has elapsed since the date of the conviction or the date of release from confinement (whichever is later), the conviction is inadmissible.

Answer 19

10 years.

Question 20

When are convictions not admissible for the purpose of impeachment?

Answer 20

• When the conviction was subject to pardon or equivalent procedure.
• Juvenile convictions.
• When a conviction was obtained in violation of the defendant’s constitutional right.

Question 21

If a party introduces evidence of their own conviction to take away the sting of being impeached on cross-examination, ______________________

Answer 21

they can’t later claim on appeal that the conviction was erroneously admitted.

Question 22

Does a foundation need to be laid to introduce a conviction for the purposes of impeachment?

Answer 22

No.

Question 23

A witness can be interrogated on cross-examination about an act of misconduct if _______________________.

Answer 23

the act is probative of truthfulness.

The cross-examiner also must have a good-faith belief that the witness committed the misconduct.

Question 24

Is extrinsic evidence of bad acts permitted?

Answer 24

Hell nah.

Question 25

The witness makes a statement that’s irrelevant to the case, can they be impeached on that statement?

Answer 25

No because the statement is made about a collateral matter.

(Module 7.3, Page 53)

Question 26

Can the credibility of a hearsay-declarant be attacked.

Answer 26

Yes.

Question 27

What is a hearsay-declarant?

Answer 27

A person whose out of court statement has been admitted into evidence: (1) under an exception to the hearsay rule or (2) as a vicarious statement of an opposing party.

Question 28

What’s different about the impeachment of a hearsay-declarant?

Answer 28

• The hearsay-declarant can be impeached by any method.
• The hearsay-declarant need not be given an opportunity to explain or deny a prior inconsistent statement.

Question 29

How can a witness who has been impeached be rehabilitated?

Answer 29

• Explanation on redirect.
• Another witness being called to show the witness’s good character for truthfulness.
• Prior consistent statements.