Impeachment Flashcards
What is impeachment?
Casting adverse reflection on witness’s credibility
What are the general methods of impeachment?
Cross-examination (primary method):
- Elicit facts from W that discredits his own credibility
- Includes direct examination
Extrinsic evidence:
- Call other Ws to prove impeaching facts
- Introduce other docs to prove impeaching facts
Five types of evidence used to impeach a witness
1) Prior inconsistent statement
2) Bias or interest
3) Sensory or mental defect
4) Contradiction
5) Character trait of witness
What is the purpose of prior inconsistent statements?
To show witness has, on another occasion, made statements inconsistent with his current testimony
Impeachment of a witness by prior inconsistent statements?
On cross-examination:
1) Testimony by the witness being impeached; or,
2) Any extrinsic source of evidence (allowed if):
- Material matter (NOT collateral);
- W is given opportunity to explain/deny statement ANY TIME (before/after statement is introduced into evidence); and,
- Adverse party is given the opportunity to examine the witness being impeached
When may prior inconsistent statements be used for purposes other than impeachment?
Non-hearsay (offered for its truth)
- Previously made under oath (deposition/court)
- As substantive evidence (to prove the facts stated)
Are there exceptions to the required formalities of extrinsic evidence for impeachment of a witness by prior inconsistent statements (NO need for witness to explain/deny statement)?
Opposing party’s statement
Hearsay declarant’s statement
- Use to impeach declarant
Required by justice
- Witness left stand + not available when inconsistent statement was discovered
What is the purpose of bias/interest?
Tends to show witness has motive to lie due to interest in outcome of suit
- Even if evidence is NOT admissible
Impeachment of a witness based on bias/interest?
On cross-examination:
1) Ask W whether claimed facts show bias/interest (never a collateral matter)
2) Trial judge has discretion to introduce extrinsic evidence
No limitation on extrinsic evidence
What are examples of bias/interest?
Relationship
- Family/Business/Friendship
Financial interest
Immunity granted (criminal case)
Hostility
Impeachment of a witness based on his sensory deficiencies?
On cross-examination:
A witness’s sensory or mental defect relates to the ability of the witness to:
- Observe
- Comprehend
- Remember; and,
- Narrate events efffectively
No limitation on extrinsic evidence
What are examples of sensory deficiencies?
Defects of capacity:
- Perceptive disabilities (colorblind/deaf/intoxicated)
- Lack of memory
- Mental disorder
Lack of knowledge:
- Expert witness (field knowledge)
- Opinion witness
- Character witness (lack of knowledge re D’s criminal acts, despite testifying to D’s good character)
What is the purpose of contradictory facts?
Witness’s mistake/lie indicates erroneous/false testimony
Impeachment of a witness by contradictory facts?
On cross examination:
Contradictory fact -
- Material issue
- Significant to W’s credibility
- Opponent would be precluded from testifying on subject matter
No limitation on extrinisic evidence (NOT collateral)
Impeachment of a witness’s character trait based on his reputation or opinion?
Only relevant character trait for impeachment is truthfulness or untruthfulness -
1) Truthfulness offered through a character witness who (must have sufficient personal knowledge):
- Testifies to target witness’s reputation for truthfulness; or,
- Witness’s opinion of target witness’s character for truthfulness
2) Untruthfulness by reputation or opinion concerning witness’s character
