Impeachment of Witnesses

Question 1

What Can be Impeached?

Answer 1

Character for Truthfulness, Inconsistent Statement, Bias/Prejudice, Sensory defects (Liar, mistaken, motivated, or defected)

Question 2

Truthfulness by opinion

Answer 2

Opinion only after truthfulness has been attacked, extrinsic evidence not allowed unless on cross x (the collateral matter rule applies)

Question 3

Bias or Prejudice

Answer 3

Is always material and never collateral

By relationship (family, business, confidential information, fee arrangement)

Question 4

Truthfulness by conviction

Answer 4

Felony (death or 1 yr or more) or treason, or misdemeanor involving dishonesty can be used subject to 10 year rule (probative must be substantial and notice)

Juvenile crimes in criminal cases only if not defendantb

Question 5

Truthfulness by bad act

Answer 5

Must be a question on cross X that bear on untruthfulness (an arrest is not the act)

Question 6

Scope of CrossX

Answer 6

Bound by direct and witness’s credibility

Leading questions only on cross or hostile witness