Impeachment Flashcards
What is Impeachment?
Impeaching is discrediting the witness
What is impeachment evidence offered for?
To reduce the weight given to the witnesses’ testimony
Who may impeach a witness?
Any party
Rule on Bolstering
Generally prohibited before credibility is attacked
What are the forms of impeachement?
Examination and Extrinsic Evidence
Are Prior Inconsistent Statements admissible during examination?
Yes they are admissible for impeachement and can be substantive evidence.
Only admissible nonhearsay prior inconsitent statements are admissible as substantive evidence
Is extrinsic evidence of Prior Inconsistent Statments admissible?
Yes provided foundation has been laid
* Must give the witness opportunity to explain
* Must give adverse party opportunity to exam witness about it
Exception for opposing party statements, impeaching hearsay declarant or
What forms of Impeachement may be used to show prior inconsistent statements?
Examination or Extrinsic Evidence
Who is a hearsay declarant
A person whose out-of-court statement has been admitted into evidence: (1) under an exception to the hearsay rule, or (2) as a vicarious statement of an opposing party
Is extrinsic evidence of Bias admissible?
Yes provided foundation is laid
What are the foundation requirements to prove bias with extrinsic evidence?
The witness must be asked about the facts that show bias or interest on examination
Extrinsic Evidence may still be introduced even if bias is admitted
What is established in Sensory Deficiency Impeachements?
Showing that the witnesses’ faculties of perception and recollection were so impaired as to make it doubtful that they could have perceived those facts
OR
That they have no knowledge of the facts they testified to
What forms of Impeachement may be used to show Sensory Deficiencies?
Examination and Extrinsic Evidence
What foundation is needed to bring in Extrinsic Evidence of Sensory Deficiencies?
None
What forms of Impeachment are permitted to show contradictory facts?
Examination and Extrinsic Evidence (unless for collateral facts)
Extrinsic only allowed if witness sticks to their story on examination
May a witness be impeached on Collateral Matters
No. It has no significant relevance to the
case or to the witness’s credibility
When are opinion or reputation evidence admissible for impeachment?
To impeach a witness’s truthfulness
Are convictions being appealed admissible?
Yes
What kinds of Convictions are admissible for impeachement?
- Crimes involving Dishonesty or false statements
- Felonies not involving dishonesty (court has discretion to exclude)
What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a criminal defendant?
The court excludes it unless the Probative Value outweighs the risk of unfair prejudice
What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a witness?
The Court will exclude it if the probative value is substantially outweighed by the risk of unfair prejudice (403)
What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a witness?
Excluded if the probative value is substantially outweighed by the risk of unfair prejudice (403)
How does remoteness affect the admissibility of convictions?
Generally, convictions are inadmissible if it is more than 10 years from conviction or release from jail, whichever is later
Courts have discretion to waive this
What is the standard for a court to waive remoteness of a conviction?
The Probative Value substantially outweighs the risk of unfair prejudice
What foundation is required to enter extrinsic evidence of Convictions?
None
Are bad acts involving untruthfulness admissible?
Yes. In examination only
Is Extrinsic Evidence of Prior Bad Acts involving Untruthfulness admissible?
No
One may not refer to consequences suffered for those bad acts either
What standard is needed for a witness to be asked about bad acts involving untruthfulness?
Need a reasonable basis for believing the witness did the bad act
What ways can a witness be rehabilitated?
- Explanation on Redirect Examination
- Reputation or Opinion Testimony of Good Character when character has been attacked
- Prior Consistent Statements
When are can Prior Consistent Statments be used in Rehabilitation?
- When the witness has been attacked with a charge of lying because of some motive
- When the witness is impeached on another ground besides truthfulness (e.g. inconsistency or Faulty Memory)
In rehabilitating lying, the statement must made before the claimed moti
