Impeachment Flashcards

1
Q

Methods of Impeachment: Facts Specific to Current Case

A
  1. Prior inconsistent statements
  2. Bias
  3. Sensory deficiencies
  4. Contradiction
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2
Q

Methods of Impeachment: General Bad Character for Truthfulness

A
  1. Opinion/Reputation
  2. Prior convictions
  3. Prior bad acts of dishonesty
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3
Q

Prior inconsistent statements

A

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

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4
Q

Bias

A

Via cross
Via extrinsic IF witness is asked about those facts during cross

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5
Q

Sensory Deficiencies

A

Via cross
Via extrinsic

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6
Q

Contradiction

A

Via cross
Via extrinsic UNLESS the fact is collateral (no significant relevance to case/credibility)

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7
Q

Opinion/Reputation for Untruthfulness

A

Via character witness

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8
Q

Prior Convictions

A

Via cross
Via extrinsic record

  1. Any crime involving dishonesty
  2. Felony, subject to 403 or reverse 403 for crim D

+10 years from conviction/release

Not allowed if pardoned and for juvenile convictions generally

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9
Q

Prior Bad Acts of Dishonesty

A

Via cross ONLY
Specific act must be probative of truthfulness

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10
Q

Rehab on Re-direct

A
  1. If impeached on character for truthfulness, can call witnesses to give reputation/opinion about witness’s good character for truthfulness.
  2. If impeached on grounds of lying/exaggerating, inconsistency, bad memory, etc, can introduce a prior consistent statement (also gets in substantively).
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