Impeachment

Question 1

What is Impeachment?

Answer 1

Impeaching is discrediting the witness

Question 2

What is impeachment evidence offered for?

Answer 2

To reduce the weight given to the witnesses’ testimony

Question 3

Who may impeach a witness?

Answer 3

Any party

Question 4

Rule on Bolstering

Answer 4

Generally prohibited before credibility is attacked

Question 5

What are the forms of impeachement?

Answer 5

Examination and Extrinsic Evidence

Question 6

Are Prior Inconsistent Statements admissible during examination?

Answer 6

Yes they are admissible for impeachement and can be substantive evidence.

Only admissible nonhearsay prior inconsitent statements are admissible as substantive evidence

Question 7

Is extrinsic evidence of Prior Inconsistent Statments admissible?

Answer 7

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

Question 8

What forms of Impeachement may be used to show prior inconsistent statements?

Answer 8

Examination or Extrinsic Evidence

Question 9

Who is a hearsay declarant

Answer 9

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

Question 10

Is extrinsic evidence of Bias admissible?

Answer 10

Yes provided foundation is laid

Question 11

What are the foundation requirements to prove bias with extrinsic evidence?

Answer 11

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

Question 12

What is established in Sensory Deficiency Impeachements?

Answer 12

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

Question 13

What forms of Impeachement may be used to show Sensory Deficiencies?

Answer 13

Examination and Extrinsic Evidence

Question 14

What foundation is needed to bring in Extrinsic Evidence of Sensory Deficiencies?

Answer 14

None

Question 15

What forms of Impeachment are permitted to show contradictory facts?

Answer 15

Examination and Extrinsic Evidence (unless for collateral facts)

Extrinsic only allowed if witness sticks to their story on examination

Question 16

May a witness be impeached on Collateral Matters

Answer 16

No. It has no significant relevance to the
case or to the witness’s credibility

Question 17

When are opinion or reputation evidence admissible for impeachment?

Answer 17

To impeach a witness’s truthfulness

Question 18

Are convictions being appealed admissible?

Answer 18

Yes

Question 19

What kinds of Convictions are admissible for impeachement?

Answer 19

• Crimes involving Dishonesty or false statements
• Felonies not involving dishonesty (court has discretion to exclude)

Question 20

What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a criminal defendant?

Answer 20

The court excludes it unless the Probative Value outweighs the risk of unfair prejudice

Question 21

What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a witness?

Answer 21

The Court will exclude it if the probative value is substantially outweighed by the risk of unfair prejudice (403)

Question 22

What standard do courts use to decide if Felony convictions not involving dishonesty may be use to impeach a witness?

Answer 22

Excluded if the probative value is substantially outweighed by the risk of unfair prejudice (403)

Question 23

How does remoteness affect the admissibility of convictions?

Answer 23

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

Question 24

What is the standard for a court to waive remoteness of a conviction?

Answer 24

The Probative Value substantially outweighs the risk of unfair prejudice

Question 25

What foundation is required to enter extrinsic evidence of Convictions?

Answer 25

None

Question 26

Are bad acts involving untruthfulness admissible?

Answer 26

Yes. In examination only

Question 27

Is Extrinsic Evidence of Prior Bad Acts involving Untruthfulness admissible?

Answer 27

No

One may not refer to consequences suffered for those bad acts either

Question 28

What standard is needed for a witness to be asked about bad acts involving untruthfulness?

Answer 28

Need a reasonable basis for believing the witness did the bad act

Question 29

What ways can a witness be rehabilitated?

Answer 29

• Explanation on Redirect Examination
• Reputation or Opinion Testimony of Good Character when character has been attacked
• Prior Consistent Statements

Question 30

When are can Prior Consistent Statments be used in Rehabilitation?

Answer 30

• 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