Impeachment

Question 1

Impeachment Methods

Answer 1

witness may be impeached either by (1) cross-examination (eliciting facts from the witness that discredit their own testimony) or (2) extrinsic evidence (calling other witnesses or introducing documents that prove the impeaching facts).

Question 2

Prior Inconsistent Statements

Answer 2

A party may show, by cross-examination or extrinsic evidence, that the witness has, on another occasion, made statements inconsistent with their present testimony. To prove the statement by extrinsic
evidence, a proper foundation must be laid and the statement must be relevant to some issue in the case

Question 3

Prior Inconsistent Statements Admissible as Substantive Evidence

Answer 3

Usually, prior inconsistent statements are hearsay, admissible only for impeachment purposes. If, however, a testifying witness’s prior inconsistent statement was made under oath at a prior proceeding, it is admissible nonhearsay and may be admitted as substantive evidence of the facts stated

Question 4

Bias or Interest

Answer 4

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

Question 5

Opinion or Reputation Evidence of Untruthfulness

Answer 5

A witness can be impeached with reputation or opinion evidence of their own bad character for truthfulness, to suggest that they were not telling the truth while on the stand. This is accomplished by calling a character witness to testify about the target witness’s bad reputation or the character witness’s low opinion of the target witness.

Question 6

Conviction of Crime

Answer 6

A witness may be impeached by proof of a conviction (an arrest or indictment is not sufficient) for certain crimes. A pending review or appeal does not affect the use of a conviction for impeachment.

Question 7

Any Crime Involving Dishonesty or False Statement

Answer 7

A witness may be impeached by any crime, felony or misdemeanor, requiring an act of dishonesty or false statement.

Question 8

Felony Not Involving Dishonesty or False Statement

Answer 8

A witness may also be impeached by a felony that does not involve dishonesty or false statement, but the court has discretion to exclude these convictions. The balancing test depends on whether the witness is the defendant in a criminal case, or someone else

Question 9

Bad Acts Involving Untruthfulness

Answer 9

Subject to discretionary control of the trial judge, a witness may be interrogated upon cross-examination with respect to an act of misconduct if the act is probative of truthfulness

Extrinsic evidence of the bad acts is not permitted. In other words, this method of impeachment can be accomplished only by cross-examination of the witness.

Question 10

IMPEACHMENT OF HEARSAY DECLARANT

Answer 10

The credibility of a hearsay declarant may be attacked (and if attacked, may be supported) by evidence that would be admissible if the declarant had testified as a witness

Question 11

Good Character for Truthfulness

Answer 11

When the witness’s general bad character for truthfulness was attacked (by reputation or opinion testimony, prior convictions, or prior acts of misconduct), other witnesses may be called to give
reputation or opinion testimony about the impeached witness’s good character for truthfulness

Question 12

Prior Consistent Statement

Answer 12

There are 2 situations in which a party can rehabilitate a witness by introducing the witness’s prior consistent statement. A prior consistent statement that is admissible to rehabilitate a witness’s credibility also is admissible as substantive evidence of the truth of its contents (see the Hearsay module).