Impeachment and Rehabilitation

Question 1

How is impeachment evidence relevant?

Answer 1

Impeachment: Evidence that suggests a witness lacks credibility.

Question 2

How is rehabilitation evidence relevant?

Answer 2

Evidence qualifies as rehabilitation if it is relevant because it rebuts impeachment evidence—i.e., because it suggests that a witness who has been impeached is in fact credible and should be believed.

Question 3

Cross Examination? What are the limits?

Answer 3

Cross-examination: when a witness is questioned by a party other the party who called the witness.

Cross-examination is usually limited to matters within the scope of the direct examination and to impeachment.

Question 4

Redirect Examination?

Answer 4

Redirect Examination: When a party who called the witness gets to ask further questions after cross-examination.

Question 5

When can leading questions be used?

Answer 5

Generally prohibited on direct examination.

Generally permitted on cross-examination.

Question 6

Two methods of impeachment/rehabilitation?

Answer 6

Intrinsic: impeachment/rehabilitation that occurs through the testimony of the witness being impeached or rehabilitated.

Extrinsic: Impeachment/rehabilitation that occurs through the use of other evidence – e.g. testimony from other witnesses or physical exhibits.

Question 7

Five (5) Ways To Impeach a Witness?

Answer 7

1. Character for untruthfulness
2. Prior Inconsistent Statements
3. Bias: lacks credibility because the witness has some motive to slant his rehearsed story. Witness is partial.
4. Incapacity
5. Specific Contradiction

Question 8

Two (2) Ways to Rehabilitate a Witness?

Answer 8

1. Character for truthfulness

2. Prior consistent statements

Question 9

FRE 404(a)?

Answer 9

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.

Question 10

FRE 608(a)?

Answer 10

Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by reputation or opinion testimony for having a character for truthfulness or untruthfulness.

But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

Question 11

FRE 608(b)?

Answer 11

Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.

But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:

(1) the witness; or
(2) another witness whose character the witness being cross-examined has testified about.