Impeachment

Question 1

What is the collateral matter rule

Answer 1

A collateral matter is evidence solely affecting the credibility of a witness.

Question 2

What are limitations regarding questioning witnesses on collateral matters

Answer 2

While questioning on a collateral matter, the party cross-examining the witness is bound by the witness’s answer to matters solely affecting creditability

Question 3

Is extrinsic evidence on collateral evidence admissible to impeach

Answer 3

No, extrinsic evidence regarding collateral matters is generally inadmissible to impeach

Question 4

What are methods of impeachment?

Answer 4

1. Interest, motive or bias
2. Prior inconsistent statement
3. Sensory defects
4. Prior conviction of a crime
5. Character
6. Contradiction

Question 5

When can evidence regarding interest, motive or bias be used to imeach?

Answer 5

Bias or prejudice is always material and evidence regarding such can always be used to impeach. Collateral evidence rule does not apply.

Question 6

When is evidence regarding witness’s potential sensory defects admissible for impeachment

Answer 6

Inability to observe, communicate or remember is always relevant and never collateral, and evidence may always be used to impeach

Question 7

When is evidence regarding sensory defects inadmissible

Answer 7

Evidence is not allowed as to whether the witness is addicted to drugs or alcohol, unless its immediately connected to the witness’s credibility

Question 8

When may a witness’s prior conviction of a felony be used to impeach a witness other than the D

Answer 8

If used to impeach a witness other than D, a felony conviction is subject to the standard 403 balancing test regarding whether probative value of evidence is substantially outweighed by the evidence’s prejudicial nature

Question 9

When may a witness’s prior conviction of a felony be used to impeach D

Answer 9

If used to impeach D, a felony convbiction will be admitted if the prosecution shows the probative value outweighs the prejudicial effect

Question 10

When are crimes involving dishonesty or false statements admissible

Answer 10

If crime is 10 years old or less admission to impeach is mandatory

Question 11

What are examples of crimes involving dishonesty or false statements

Answer 11

-perjury
-forgery
-theft involving lies
-criminal fraud
-all other crimes involving some element of deceit, untruthfulness or falsification

Question 12

What is the 10-year limit regarding admission of past convictions

Answer 12

Convictions more than 10 years old are inadmissible to impeach unless the probative value substantially outweighs the prejudicial effect

Question 13

Are arrest records, indictments and other charges admissible?

Answer 13

No.

Question 14

Are guilty pleas and suppressed evidence admissible to impeach

Answer 14

Yes

Question 15

How may character be impeached?

Answer 15

1. Reputation
2. Opinion
3. Prior bad acts
4. felony convictions
5. specific convictions of crimes involving dishonesty

Question 16

When is evidence regarding the character and conduct of a witness admissible

Answer 16

A witness’s character for untruthfulness is always material and may be attacked by reputation or opinion evidence