Impeachment

Question 1

To what issue must the PIS be relevant and material

Answer 1

To the W’s credibility
i. Inconsistency must be relevant and material to the issue of W’s credibility
1. Don’t belabor conflicts of no significance at trial
2. Only select areas that have a real significance or purpose for your cross

Question 2

4 prep steps to Impeach W with a sworn PIS

Answer 2

To confront W, you need to establish a prior inconsistency under oath:
1. There has been a prior statement made under oath.
2. Time of the prior statement under oath
3. Place of the prior statement under oath
4. The occasion fo such previous statement under oath was made

Establishing the PIS

1. W has made a PS under oath
2. Time of PS
3. Place of PS
4. Occasion of making of PS

Now proceed with your cross to establish the inconsistency.

Question 3

5 Ways to Impeach a W

Answer 3

1. Bias or Conflict of interest
2. Prior Inconsistent Statement
3. Bad Character for Honesty
4. Sensory Defficiencies/Impairments
5. Contradictions

Question 4

3 kinds of Bad Character Evidence to Impeach a W

Answer 4

1. Prior convictions
   a/misdemeanor involving dishonesty
   b/ Felony < 10 yo, unless too prejudicial
2. Prior Bad Acts
   
   • no Extrinsinct Evidence
   • the act must relate to veracity
3. Bad Reputation
   
   • usually for not telling the truth