Impeachment

Question 1

impeachment evidence definition

Answer 1

evidence that casts an adverse reflection on the veracity of W’s testimony

Question 2

who can be impeached?

Answer 2

any party may impeach any W (including own party)

Question 3

methods of impeachment

Answer 3

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

Question 4

bolstering of W

Answer 4

inadmissible unless credibility has been attacked
Exception: prior consistent statement

Question 5

extrinsic evidence

Answer 5

any evidence other than W’s testimony at the current proceeding

Question 6

collateral matter

Answer 6

a fact not material to issues in the case

Question 7

contradiction

Answer 7

shows W has made a contradictory statement on material issues
* includes any prior statements whether in court or not

Noncollateral matter - extrinsic evidence allowed
Collateral matter - extrinsic evidence NOT allowed

Question 8

prior inconsistent statement

Answer 8

W’s prior inconsistent statements may be used to impeach W’s present testimony
* need to disclose to opposing party upon request NOT W
* extrinsic evidence allowed ONLY IF:
1. W gets a chance to explain or deny statement
2. AND adverse party gets to examine W
3. OR justice so requires

bring in extrinsic evidence if W denies or can’t remember prior inconsistent statement and is on stand (but ask to explain or deny first)

Question 9

prior incosistent statement & hearsay

Answer 9

admissible for impeachment
inadmissible to prove toma unless hearsay exception applies
- unless made under oath and was able to be cross-examined

not hearsay?

second part about inadmissibility might not be true (check fre 801(d)(1))

Question 10

impeachment establishing bias

Answer 10

extrinsic evidence always allowed
* W must be crossed so that W has an opportunity to explain or deny

Question 11

impeachment by prior instances of misconduct

Answer 11

extrinsic evidence allowed only for:
1. felony
2. dishonest crimes (convicted)

Question 12

truthfulness

Answer 12

Character: by reputation or opinion testimony
- extrinisic evidence is allowed

Specific instances:
- extrinisic evidence ONLY on cross-examination

Question 13

rehabilitation

Answer 13

Must be by the same way W is impeached (otherwise bolstering)

Same rules as impeachment govern rehabilitation

eg, bias can only be rehabilitated by showing unbiased