Impeachment

Question 1

Is accrediting or bolstering admissible?

Answer 1

No, not until the witness has been impeached.

Question 2

What are the 7 methods of impeachment?

Answer 2

1. Prior inconsistent statements
2. Bias
3. Sensory deficiencies
4. Contradiction
5. Opinion or reputation evidence of untruthfulness
6. Prior convictions
7. Prior bad acts involving untruthfulness

Question 3

What are prior inconsistent statements?

Answer 3

The W, on another occasion, made statements inconsistent with their present testimony

Question 4

Is a W’s omission a prior inconsistent statement?

Answer 4

It can be if it would have been natural for the W to include the fact in the statement if they believed it to be true

Question 5

Is a prior inconsistent statement admissible into evidence?

Answer 5

If it was made under oath at a prior proceeding - can be substantive evidence

Question 6

Can extrinsic evidence be introduced to prove a prior inconsistent statement?

Answer 6

Only if, at some point:
- w had an opportunity to explain or deny the statement
- adverse party is given an opportunity to examine the W about the statement

(these requirements do not apply if prior inconsistent statement is the opposing party’s statement)

Question 7

What is bias impeachment?

Answer 7

Evidence that a W is biased or has an interest in the outcome of a case tends to show that the W has a motive to lie

Question 8

What is sensory deficiency impeachment?

Answer 8

W can be impeached by showing that their faculties or perception were so impaired as to make it doubtful that they could have perceived those facts

Question 9

What is impeachment by contradiction?

Answer 9

Can try to make the W admit they lied or were mistaken about some fact they testified to during direct examination. Extrinsic evidence is permitted.

Question 10

What is impeachment by opinion or reputation?

Answer 10

With their own bad character for truthfulness to suggest that they were not telling the truth on the stand

Question 11

What is impeachment by conviction of a crime?

Answer 11

W may be impeached by proof of a conviction for certain crimes.

Question 12

What types of convictions are allowed to be used for impeachment?

Answer 12

• Any crime involving dishonesty or false statement (court has no discretion to bar impeachment)
• Felony less than 10 years since conviction or confinement (can be admitted if probative value substantially outweighs prejudicial effect and proponent gives adverse party written notice)

Question 13

Can a conviction be used for impeachment purposes if it was pardoned?

Answer 13

No

Question 14

Can a juvenile conviction be used for impeachment purposes?

Answer 14

Generally no, but judge has discretion to permit evidence of juvenile offense of W (not the accused) if the evidence would be admissible to attack the credibility of an adult

Question 15

What is impeachment by bad acts involving untruthfulness?

Answer 15

A W’s act of misconduct

Question 16

Is extrinsic evidence allowed to show bad acts for impeachment purposes?

Answer 16

No and cannot refer to consequences.

Question 17

What is rehabilitation?

Answer 17

W has been impeached and can rehabilitate their credibility

Question 18

How can a W be rehabbed?

Answer 18

By:
1. Explanation on redirect
2. Good character for truthfulness (if truthfulness is attacked)
3. Prior consistent statement (if W is accused of lying)