Impeachment Flashcards
Methods of Impeachment: Facts Specific to Current Case
- Prior inconsistent statements
- Bias
- Sensory deficiencies
- Contradiction
Methods of Impeachment: General Bad Character for Truthfulness
- Opinion/Reputation
- Prior convictions
- Prior bad acts of dishonesty
Prior inconsistent statements
Via cross
Via extrinsic IF:
-witness given opportunity to explain/deny the statement
-adverse party given opportunity examine witness about it
UNLESS it’s a statement of the opposing party
Note: can also get in substantively if the statement was made under oath
Bias
Via cross
Via extrinsic IF witness is asked about those facts during cross
Sensory Deficiencies
Via cross
Via extrinsic
Contradiction
Via cross
Via extrinsic UNLESS the fact is collateral (no significant relevance to case/credibility)
Opinion/Reputation for Untruthfulness
Via character witness
Prior Convictions
Via cross
Via extrinsic record
- Any crime involving dishonesty
- Felony, subject to 403 or reverse 403 for crim D
+10 years from conviction/release
Not allowed if pardoned and for juvenile convictions generally
Prior Bad Acts of Dishonesty
Via cross ONLY
Specific act must be probative of truthfulness
Rehab on Re-direct
- If impeached on character for truthfulness, can call witnesses to give reputation/opinion about witness’s good character for truthfulness.
- If impeached on grounds of lying/exaggerating, inconsistency, bad memory, etc, can introduce a prior consistent statement (also gets in substantively).