Impeachment

Question 1

Impeachment Approach

Answer 1

1) is source of impeachment extrinsic evidence or testimony at this process of witness?
2) if extrinsic, it is admissible given impeachment techniques
2) foundation requirements.

Question 2

Impeachment

No Extrinsic Evidence

Answer 2

1) Conviction of Crime <— record judgment
2) Specific instance of misconduct
3) opinion or reputation (call witness)

Question 3

Methods of Impeachment

Answer 3

1) Prior Inconsistent Statements
2) Bias or interest
3) Conviction of Crimes
4) Specific instances of misconduct (BAD ACTS)
5) OPinion and Reputation for truthfulness
6) Sensory
7) contradiction

Question 4

Impeachment

Answer 4

Casting an adverse reflection on the veracity of the witness

Question 5

Impeachment

Extrinsic Evidence

Answer 5

1) Prior incosistent Statement <– Non Collateral
2) Bias or interest
3) Sensory
4) Contradicting Factor

Question 6

Prior Inconsistent Statement

federal

Answer 6

• Not Hearsay if given under oath at the trial or deposition
• Extrinsic evidence for Non-collateral Matter

Foundation: Extrinsic admissible only if witness given opp to explain or deny.

Question 7

Prior Inconsistent Statement

Nevada

Answer 7

• Not Hearsay does not need to be under oath.
• Extrinsic evidence for Non-collateral Matter

Foundation: Extrinsic admissible only if witness given opp to explain or deny.

Question 8

Impeachment

Bias or intertest

Answer 8

Foundation:

• Most courts require that before witness can be impeached by extrinsic evidence he must first be asked about the facts that show bias or interest on cross examination.
• Can bring in

Admissible to show a motive to lie
- By cross examination or extrinsic evidence.

Question 9

Prior Conviction or Crime

Answer 9

All convictions for crimes of false statement are admissible.
* Balancing test if over 10 years

Felonies of false statement may be admissible to impeach, but may be excluded for unfair prejudice.

Question 10

Impeachment

Specific Acts of Misconduct
Bad Acts

Answer 10

Acts of misconduct that did not result in a conviction are admissible to impeach in both civil and criminal if act involves lying.

Only on cross examination (no extrinsic evidence)

Question 11

Bad reputation or Opinion

Answer 11

regarding Truthfulness

Extrinsic evidence ok.

Question 12

Impeachment

Answer 12

Casting adverse reflection on the veracity of the witness.