Impeachment

Question 1

Admissible for impeachment?

Question 2

Impeachment:
Acts vs. Consequences

Answer 2

Under 608(b), you have to ask about the underlying act, NOT a consequence (arrest, indictment, charge).

609 is impeachment through felony convictions.

Permissible acts:
Isn’t it true that you…:
* LIED on your law school app.
* CHEATED on the bar exam.
* EMBEZZLED your bosse’s money.

NOT permissible:
* A RECORD of an ARREST for embezzlement

It’s extrinsic evidence of an act and not allowed. Only 609 (felonly convictions) allows that.

Question 3

Collateral Matter

Answer 3

When a witness makes a statement not directly relevant to the issues in the case, the rule against impeachment on a collateral matter bars his opponent from proving the statement untrue either by extrinsic evidence or by a prior inconsistent statement.

I.E.: Fact pattern is focused on the issue of dispute of charged price, but the impeachment is made on the date. Date is not directly relevant to any other issue in the case..