impeachment

Question 1

methods of impeachment

Answer 1

1) contradiction
2) prior inconsistent statement
3) bias or interest
4) sensory deficiencies
5) reputation and/or opinion of untruthfulness
6) prior acts of misconduct
7) prior criminal conviction

Question 2

define extrinsic evidence

Answer 2

any evidence other than W’s testimony at the current proceeding; incl. evidence of out-of-court prior inconsistent statements

Question 3

use of extrinsic evidence

Answer 3

may be used to impeach W, except on collateral matters

Question 4

collateral matter

Answer 4

a fact not material to issues in the case

says nothing about W’s credibility; only used to contradict W

Question 5

impeachment by prior inconsistent statement

Answer 5

PIS may be established through cross-exam or extrinsic evidence; W must have an opportunity to explain or deny statement

Question 6

impeachment by establishing bias

Answer 6

may be established through cross-exam or extrinsic evidence; W must be questioned on cross regarding the facts that show bias/interest so that W has an opportunity to explain or deny

Question 7

impeachment by prior instances of misconduct

Answer 7

W may be questioned on cross about prior misconduct probative of truthfulness; no extrinsic evidence permitted

Question 8

impeachment based on opinion or reputation for untruthfulness

Answer 8

W may be impeached by testimony describing his reputation for untruthfulness in the community

Question 9

impeachment by prior conviction

Answer 9

felonies not involving dishonesty/false statements

if W is the D = admissible if gov’t shows probative value > prejudicial effect

if W is non-D = inadmissible unless it involves dishonesty/false statements

misdemeanors inadmissible unless it involves dishonesty/false statements

Question 10

impeachment by prior conviction involving acts of dishonesty

Answer 10

always admissible

Question 11

impeachment by convictions more than 10 years old

Answer 11

not admissible unless probative value substantially outweighs unfair prejudice AND adverse party is given notice