Impeachment

Question 1

What is the rule to impeach a witness for making a prior inconsistent statement

Answer 1

Any witness can be impeached by sharing that on a private occasion they made a material statement that is inconsistent with the witnesses trial testimony

Question 2

Does a prior inconsistent statement need to be under oath?

Answer 2

No, but only prior inconsistent statements made under oath can be used both to impeach and for the truth of the matter asserted.

Question 3

Do you have to lay a foundation before introducing a witness his prior inconsistent statement?

Answer 3

Yes, the witness must have an opportunity to deny explain the statement before extrinsic evidence may be introduced

Question 4

Usually, a witness needs to be given the opportunity to explain or deny a prior inconsistent statement. In which two circumstances does this foundation requirement not apply?

Answer 4

Witness is a party opponent

Or

Witness is a hearsay declarant being impeached

Question 5

Does a foundation need to be laid before you can confront a witness about their bias or motive to lie?

Answer 5

Yes. You must first as the witness about the fact that show bias or interest on cross examination

Once foundation is laid, you can introduce extrinsic evidence.

Question 6

Can you introduce extrinsic evidence to show a witness is bias/has motive to live?

Answer 6

Yes, provided a proper foundation is laid.

Question 7

What can you introduce to show that the witness has a sensory defect?

Answer 7

You can introduce any extrinsic evidence that could affect the witnesses perception or memory.

Question 8

Do you have to lay a foundation to introduce sensory defects evidence?

Answer 8

No

Question 9

Do you need to lay a foundation to introduce bad reputation evidence?

Answer 9

No

But rehabilitation permitted.

Question 10

What type of evidence may be introduced to show bad reputation?

Answer 10

Extrinsic evidence may be introduced. But only Opinion or reputation evidence, not specific bad acts

Question 11

If a witness is impeached through bad reputation evidence, How can they recover?

Answer 11

They can be rehabilitated

Question 12

What foundation is required before introducing evidence of the witness’s prior criminal conviction?

Answer 12

None, but rehabilitation is permitted.

Question 13

For the purposes of introducing evidence of criminal convictions to impeach a witness does theft or robbery count as crimes of dishonesty?

Answer 13

No, only fraud, embezzlement or perjury

Question 14

What type of dishonesty crime can be introduced to impeach a witness based on criminal convictions?

Answer 14

Any felony or misdemeanour that involves lying or deceit may be introduced and the court has NO DISCRETION

Question 15

If the witnesses cannot conviction does not involve an offence of dishonesty what type of crime can be introduced to impeach your witness?

Answer 15

Only a felony and the court has discretion to exclude these convictions.

Question 16

What is the cut-off point for introducing historic criminal convictions?

Answer 16

It cannot be more than 10 years from the conviction or the date the witness was released from prison.

Question 17

What are “bad acts” when it comes to impeachment?

Answer 17

These are not criminal convictions but relate to a witnesses character for truthfulness

Question 18

Can you introduce extrinsic evidence to impeach a witness for prior bad acts?

Can a witness be rehabilitated after?

Answer 18

No, only cross-examination permitted.

Yes, rehabilitation is permitted.

Question 19

Is there a foundation requirements arising prior bad acts in order to impeach a witness?

Answer 19

No but the cross examiner must have a good-faith basis for asking.

Question 20

If A witness has made a contradictory statement earlier in the testimony but the point of issue is only a collateral matter in the proceedings, what can the examiner do?

Answer 20

They can confront the witness through cross-examination but they are bound by the answer given. No extrinsic evidence allowed to impeach

Question 21

If a hearsay the current statement is admitted can they be impeached?

Answer 21

Yes, in the same way as if the declarant took the stand and they don’t need to be given the opportunity to explain or deny the issue that lead to impeachment.

Question 22

What is the one exception to the bolstering rule?

Answer 22

For prior statement of identification of a person.

Question 23

For which forms of impeachment is rehabilitation permitted by offering character evidence?

Answer 23

Impeachment for bad reputation in the community, criminal convictions or pray about that.

Question 24

How could prior consistent statements (falling within the hearsay exclusion) be used for witness rehabilitation?

What is the effect of the prior consistent statement is admissible?

Answer 24

1. Reports a charge of recent fabrication, or
2. Rehabilitates a witness on some of the ground

If admissible the statement will be able to rehabilitate the witness and be included as substantive evidence.