Impeachment of Witnesses Flashcards
What is the most popular method of impeachment?
The use of prior inconsistent statements, authorized by Evidence Code section 1235.
After prior inconsistent statements, what is the second most popular method of impeachment?
The use of prior criminal acts.
In a criminal case, conduct evincing moral turpitude, whether felony or misdemeanor, may be admitted to impeach a witness, including the defendant.
How can you prove moral turpitude conduct?
Call live witnesses; or
Use criminal convictions
Aren’t criminal convictions hearsay? How can they be used to prove moral turpitude conduct?
Evidence Code section 788 allows for the admission of felony convictions to impeach credibility.
Additionally, Evidence Code section 452.5 subd. (b) allows the use of court-certified computer records to prove the actual commission of offenses that resulted in convictions, even if only misdemeanors.
What does Evidence Code section 788 allow?
It allows the use of a prior felony conviction to impeach a witness.
“For the purpose of attacking the credibility of a witness, it may be show by […] the record of the judgment that he has been convicted of a felony…”
What does Evidence Code section 452.5 allow?
It allows the use of court-certified computer records to prove the actual commission of offenses that resulted in convictions, even if only misdemeanors. (Evid. Code, s 452.5 subd. (b)(1).)
They are admissible as official records. (Evid. Code, s 1280.)
This is very useful for using prior convictions to impeach a defendant with moral turpitude conduct under Evidence Code section 788.
Are juvenile adjudications convictions that can be used to prove moral turpitude conduct?
No. Juvenile adjudications are not convictions.
If the minor admitted the petition in juvenile court his admission is excepted hearsay under section 1220 if the minor is now the defendant. Ask to take judicial notice of the record containing the admission.
If a juvenile petition was found true after adjudication, can proof of the sustained petition be used as moral turpitude conduct in order to impeach a defendant?
No.
If the petition was found true after adjudication, there is no hearsay exception that allows for sustained petitions to be used as evidence that the charged conduct occurred.
In this circumstance, live witnesses will have to be called in order to prove the commission of the prior juvenile offense.
A juvenile proceeding does not result in a conviction and therefore neither sections 788 nor 452.5(b) apply.
Can any type of felony conviction be used to impeach a witness?
No. The conviction must involve “moral turpitude.” (People v. Castro (1985) 38 Cal.3d 301, 314.)
When impeaching a witness with a conviction of a felony of moral turpitude, can the underlying facts be admitted?
No. “Evidence of prior felony convictions offered for this purpose is restricted to the name or type of crime and the date and place of conviction. [Citations.]” (People v. Allen (1986) 42 Cal.3d 1222, 1270; see also People v. Gutierrez (2018) 28 Cal.App.5th 85, 88-89.)
Did the “Truth in Evidence” amendments to the constitution, allowing any past misconduct to impeach a witness, change the rule that only a felony conviction is admissible?
No. The rule is that when a prior felony conviction has been introduced to impeach, ordinarily the trial court should exclude evidence of the underlying conduct.
(People v. Gutierrez (2018) 28 Cal.App.5th 85, 88-90.)
Can a court look at the underlying facts of a witness’s prior conviction to determine if it involved moral turpitude?
No. The court can only look at the statutory elements of the crime. (People v. Castro (1985) 38 Cal.3d 301, 316-317.) This has come to be referred to as the “least adjudicated elements” test.
