Impeachment

Question 1

Impeachment

Answer 1

Evidence offered to attack the credibility of a witness

Offered to discredit a witness

Question 2

Who Can Impeach

Answer 2

Any party can impeach any witness
- testimony witnesses
- hearsay declarant => someone whose out of court statement was admitted into evidence through an exception

Question 3

How to Impeach

Answer 3

1. examination of witness
   - intrinsic
   - impeaching on the stand
2. extrinsic evidence
   - introducing documents or other testimony that relate to the witness’ credibility

Question 4

Prior Inconsistent Statements

Answer 4

Show that on a prior occasion that the witness made a statement inconsistent with their current testimony

Using extrinsic evidence is allowed if prior inconsistent statement:
1. related to non-collateral matter (relevant to case
2. proper foundation - opportunity to explain or deny inconsistent statement
- exceptions:
- opposing party’s statement or vicarious statement of opposing party
- as justice requires - witness testifies but becomes unavailable
- hearsay declarant -> out of court statement was admitted through exception

Question 5

Bias and Interest

Answer 5

Witness has a reason to slant their testimony for one side (financial interest, relationship, grudge, fear)

Witness’ bias and interest is always important

Can ask expert how much they’re getting paid

Question 6

Sensory Deficiencies

Answer 6

Anything that reflects poorly on witness’ senses
1. vision
2. hearing
3. memory
4. intoxication

Inability to observe, remember, or relate something accurately

Question 7

Contradiction

Answer 7

Extrinsic evidence is not allowed if contradictory fact is collateral (no significance related to witness’ credibility or merits of case)

Can use for non-collateral

Question 8

Reputation or Opinion Evidence of Untruthfulness

Answer 8

Show witness is not truthful and cannot be trusted

Call a character witness who provides reputation or opinion testimony

No restrictions on extrinsic evidence

Question 9

Prior Criminal Convictions

Answer 9

People convicted of certain crimes are more likely to lie on the stand

Any crime that involved dishonesty or a false statement as elements:
1. perjury, forgery, criminal fraud, embezzlement
- judge has NO discretion to not introduce evidence UNLESS crime is too old

Any felony conviction:
1. assault, dui, kidnapping
- judge has discretion
- probative value of the conviction must outweigh prejudicial effect to defendant

10 year time limit from:
- date of conviction
- date of release from prison

Question 10

Prior Bad Acts

Answer 10

Can ask about any acts that reflects poorly on their character of truthfulness (lying, dishonesty, cheating)

Extrinsic evidence of bad acts is NEVER allowed => only intrinsic evidence
Cannot ask about a consequence of witness’s prior bad acts (arrested, fired, discipline) => ask ONLY about the bad act

Question 11

Bolstering

Answer 11

Attempting to strengthen a witness’ testimony before they testify

Not permissible UNLESS a witness has been impeached, then you cannot bolster before it has been attacked

Question 12

Rehabilitation

Answer 12

1. let impeached witness clarify
2. show witness’s good character for truthfulness
   - must relate to original impeachment
3. introduce prior consistent statement
   - cannot introduce for purpose of bolstering
   - special tendency to show that the witness is telling the truth
   - improper motive had no effect on what the witness said
   - made before improper motive and interest arose