Impeachment Flashcards
General Definition
Discrediting a witness.
Bolstering/Rehabilitating a Witnesses credibility
Attempts to strengthen credibility before credibility has been attacked are generally prohibited. Even a witness bolstering their own is not okay.
After impeachment, it’s okay and such an attempt is called rehabilitation
Exceptions to bolstering
Certain cases these can be admitted:
1) timely complaints (ex. sex assualt)
2) Prior statements of identiication of D (usally identifying D as perpetrator)
Who can impeach?
Any party, including the party who called them.
How a witness may be impeached
1) Cross examination
2) Extrinsic evidence (other witnesses or documents)
3) Direct examination (for party calling own witness)
NOTE: Different grounds of impeachment call for different methods/processes
Impeachment methods
FACTS SPECIFIC TO CASE
1) Prior inconsistent statements
2) bias
3) sensory deficiencies
4) contradiciton
GENERAL BAD CHARACTER FOR UNTRUTFULLNESS
1) Opinion or reputation evidence of untruthfullness
2) Prior convictions
3) bad acts
Prior Inconsistent statements
By CX or EX.
A showing that the witness made statements inconsistent with 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.
Prior inconsistent statements and omissions and lack of ememory
Prior statement that omits a fact asserted during testimony MAY constitute inconsistency IF it would have been natrual for the witness to have included.
BUT, a witnesses PRESENT lack of memory of a fact is generally not inconsistent.
Admissibility of PIS
Generally admissible for impeachment purposes only
BUT admissible as substantive evidence when made under oath at prior proceeding.
PIS: Foundation for extrinsic evidence and exceptions
EX may be introduced to prove a prior inconsistent statement only if, at some point: (BEFORE OR AFTER)
1) GIve witness oppurtunity to explain or deny
2) Give adverse party oppuruntity to examine witness about it
EXCEPTIONS. No foundation required where:
1) prior inconsistent statement is opposing party’s statement
2) Hearsay declarent is being impeached
3) Where justice requires
Bias or Interest + foundation for ex
Evidence that witness is biased or witness.
Foundation: EX is allowed, but witness first must be asked on CX.
Sensory Deficiencies
Showing that a witnesses’ faculties of perception and recollection were so impaired as to make their recollection doubtful. Or no knolwedge.
Admissible on CX or EX. No foundation req.
Contradictory Facts
Cross examiner, while questioning, can try to make the witness admit they lied or were mistaken about some fact they testified to during direct exam.
If witness admits, the have been impeached.
If witness sticks to story, EX CAN be used UNLESS the contraictory fact is collateral (no significant relevance to the case or witnesses cred)
Opinion or Reputation Evidence of Untruthfullness
Accomplsihed by calling a character witness to testify about the target.
General, but no specific incidents of conduct.
Conviction of Crime
May be impeached by proof of CONVICTION. Pending reviews or appeals are irrelevanrt.
Any crime involving dishonesty or false statement can be used. Some uttering or writing of false words.
– Court has no discretion to bar.
Felonies NOT involving dishonesty or false statement? Generally allowed, but court discretion. Uses balancing tests.
Generally, Inadmissible if more than 10 years has elapsed since date of conviction or release from confinment (whichever is later) (remote convictions)
No foundation required for EX
