Impeachment

Question 1

Prior Bad Acts

Answer 1

Extrinsic evidence of “bad acts” is not permitted, even where the witness denies committing the act on cross-examination. If the witness denies the act, the cross-examiner, acting in good faith, may generally continue the cross-examination after a denial in the hope that the witness will change his answer.

A specific act of misconduct, offered to attack the witness’s character for truthfulness, can be elicited only on cross-examination of the witness. If the witness denies the act, the cross-examiner cannot refute the answer by calling other witnesses or producing other evidence.

Critical:
Federal Rule of Evidence 608 permits inquiry into a witness’s act of misconduct, in the discretion of the court, only if the act is probative of truthfulness (i.e., is an act of deceit or lying)

Question 2

Prior Bad Acts

Answer 2

Prior bad act must be probative of truthfulness (i.e., is an act of deceit or lying).

Impeachment by this method is permitted even if the act did not result in a criminal conviction.

Under the Federal Rules, a witness may be impeached on cross-examination with her prior specific acts of misconduct that are probative of truthfulness. Specific “bad acts” that show the witness unworthy of belief (i.e., acts of deceit or lying) are probative of truthfulness.

Question 3

Bias

Answer 3

A witness can be impeached, either on cross-examination or by extrinsic evidence, with evidence that suggests a bias on the part of the witness, because it tends to show that the witness has a motive to lie.

Question 4

Bias

Answer 4

A witness may always be impeached by extrinsic evidence of bias or interest provided a proper foundation is laid

This includes plea offers by the prosecution if they can establish a motive to lie or bias for impeachment purposes