IMPEACHMENT

Question 1

METHODS

Answer 1

CROSS EXAMINATION

EXTRINSIC EVIDENCE

Question 2

PRIOR INCONSISTENT STATEMENTS

Answer 2

proof through extrinsic evidence:
1. proper foundation must be laid: the witness is, at some point, given an opportunity to explain or deny the allegedly inconsistent statement and the adverse party is given an opportunity to examine the witness about the statement
2. statement relevant to some issue in the case
Effect: admissible when made under oath at some other proceeding, admissible as nonhearsay

Question 3

BIAS OR INTEREST

Answer 3

motive to lie
impeached using extrinsic evidence of bias or interest- proper foundation needed
- need to be asked about facts that show bias or interest on cross

Question 4

CONVICTION OF A CRIME

Answer 4

actual conviction required
type:
1. crime involving dishonesty or false statement
2. felony not involving dishonesty or false statement
- if the impeached witness is the accused- conviction admitted only if gov. shows that the probative value outweighs the prejudicial effect
- witness: conviction excluded if probative value is substantially outweighed by the risk of prejudice

Question 5

BAD ACTS

Answer 5

may be interrogated on cross with respect to any immoral, vicious, or criminal act of life that may affect his character and show him to be unworthy of belief

• extrinsic evidence not permitted
• cannot reference consequences

Question 6

OPINION OR REPUTATION EVIDENCE OF UNTRUTHFULNESS

Answer 6

may be impeached using reputation testimony regarding untruthfulness
may be impeached based on opinion testimony based on acquaintance

Question 7

SENSORY DEFICIENCIES

Answer 7

made on cross or through extrinsic evidence

1. defects of capacity
   - perceptive disabilities
   - lack of memory
   - mental disorders
2. lack of knowledge
   - expert
   - opinion
   - character witness: can be discredited by asking him about specific criminal or immoral acts committed by the defendant

Question 8

contradictory facts:

Answer 8

permitted where:

1. testimony is to a material issue
2. significant on the issue of credibility
3. voluntary information regarding a subject as to which the opposing party would otherwise be precluded from offering