Impeachment

Question 1

Who does impeachment apply to ?

Answer 1

Witness

Question 2

When do you use character evidence for impeachment?

Answer 2

character evidence about the WITNESS may be introduced to show that the witness is not a person whose testimony should be believed. (FRE 404(a)(3)/

Question 3

Who may impeach a witness?

Answer 3

any party, including the party that called the witness to testify, may attack the credibility of a witness (FRE 607)

Question 4

Can extrinsic evidence be used to prove the witness’ character or truthfulness.

Answer 4

No. you take the statement as it. If the witness denies a specific instance of conduct, extrinsic evidence is not admissible to prove that instance in order to attack or support the witness’ character for truthfulness.

Question 5

Impeachment for crimes involving dishonesty or false statement. what are the requirements?

Answer 5

subject to the TEN YEAR restriction, any witness may be impeached with evidence that he has been convicted of any crime - felony or misdemeanor - involving DISHONESTY OR FALSE STATEMENT, regardless of the punishment imposed or the prejudicial effect of the evidence. Crimes of dishonesty or false statements include: perjury, fraud, embezzlement, or false pretenses. (FRE 609(a)(2))

Question 6

Can one use prior inconsistent statements to impeach?

Answer 6

yes. a witness’s prior statement be used for impeachment purposes even if an appeal is pending. (FRE 609(e)).

Question 7

Can one introduce extrinsic evidence to impeach based on a prior inconsistent statement?

Answer 7

yes. extrinsic evidence of a witness’s prior inconsistent statement may be introduced only if the witness is given the opportunity to EXPLAIN OR DENY the statement, and the opposing party is given the opportunity to EXAMINE THE WITNESS about it.