Impeachment

Question 1

Impeachment/Define

Answer 1

Impeachment means casting an adverse reflection on the veracity of the witness.

Question 2

Impeachment/Any Party (1)

Answer 2

Any party may impeach a witness.

Question 3

Impeachment/Methods (4)

Answer 3

A defendant may be impeached by reputation or opinion testimony, prior dishonest crimes or misconduct, prior convictions, or prior inconsistent statements.

Question 4

Impeachment/Reputation or Opinion Testimony

Answer 4

Impeachment by reputation or opinion testimony may be introduced by a competent witness.

Question 5

Impeachment/Prior Dishonest Crimes or Misconduct

Answer 5

Impeachment by prior dishonest crimes or misconduct may be introduced on cross examination, but not extrinsic evidence. (But remember: Prior crimes or misconduct is always subject to the balancing probative vs. unfair prejudice test)

Question 6

Impeachment/Prior Convictions - Dishonesty

Answer 6

Impeachment by prior convictions of misdemeanors and felonies is admissible if the conviction involved dishonesty.

Question 7

Impeachment/Prior Convictions - Felonies

Answer 7

Impeachment by prior convictions of felonies may be introduced if the probative value substantially outweighs unfair prejudice.

Question 8

Impeachment/Prior Convictions - More than 10 Years

Answer 8

Impeachment by prior convictions of misdemeanors and felonies, more than 10 years old, may be introduced if the probative value substantially outweighs unfair prejudice.

Question 9

Impeachment/Prior Convictions - More than 10 Years Define

Answer 9

10 years is determined by looking at the conviction date or release date.

Question 10

Impeachment/Prior Inconsistent Statements

Answer 10

Impeachment by prior inconsistent statements may be introduced by cross-examination and non-collateral extrinsic evidence, [but witness must have an opportunity to explain prior inconsistent statement]. Collateral means not related to the case.

Question 11

Impeachment/Prior Inconsistent Statements - Substantive Evidence

Answer 11

Prior inconsistent statements may be introduced as substantive evidence if made under oath at prior trial, proceeding, hearing, or deposition.