Impeachment & Rehabilitation

Question 1

FRE 607 Impeachment

Answer 1

any party may attack the witness’s credibility

Question 2

Can someone be called for the sole purpose of impeachment?

Answer 2

NO, find a separate reason

Question 3

Can you impeach your own witness?

Answer 3

YES (Chambers)

Question 4

Difference between Intrinsic and Extrinsic Evidence

Answer 4

I: answers from the witness you are impeaching

E: calling other witnesses, introducing physical evidence

Question 5

Categories of Impeachment

Answer 5

i. Character for truthfulness
ii. Prior inconsistent statement
iii. Bias
iv. Incapacity
v. Specific contradiction (not prior inconsistent statement)

Question 6

FRE 608 Character for Truthfulness

Answer 6

Subject to a 404/405-esque construction for evidence

Can inquire about specific instances of dishonest behavior on cross

Question 7

Defendant Character for Truthfulness

Answer 7

EVERY TIME A DEFENDANT TAKES THE STAND HAS MADE AN ISSUE OF THEIR CHARACTER FOR TRUTHFULLNESS

Question 8

FRE 608 Reputation or Opinion Evidence

Answer 8

attack or support witness credibility by testimony (Except for criminal conviction under FRE 609)

Question 9

FRE 610 Religious Beliefs

Answer 9

d. FRE 610 evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility

Question 10

FRE 403 Unduly Prejudicial or Confusing the Jury

Answer 10

Do not do it

Question 11

FRE 609 Introduction of Felony Convictions

Answer 11

a. Felonies are brought if (Subject to 403 analysis)

b. Misdemeanors generally don’t
i. Limit on evidence after 10 years
ii. Reasonable written notice to contest it, needs to be highly probative

c. You get to say the name and date of the conviction but that’s basically it
i. You can’t belabor and push the details of the crime
ii. Current charge vs. previous charge

d. Dishonesty crimes are coming in regardless

e. Taking the sting out of a conviction, introducing it yourself

Question 12

FRE 613 Prior Inconsistent Statement

Answer 12

Examine a witness about the witness’s prior statement, a party need not show it or disclose context

Extrinsic evidence admissible only if the witness is given an opportunity to explain or deny and the adverse party is give an opportunity to examine the witness about it, or if justice so requires

Question 13

FRE 801(d)(I)(a) Refusal to Restate Prior Testimony

Answer 13

Refusal to answer is inconsistent with prior testimony

Question 14

Impeachment for Specific Contradiction

Answer 14

Something that is just demonstrably false (If they were wrong about this thing then they’re wrong about other things)

Question 15

Collateral Evidence Rule

Answer 15

Can always impeach intrinsically with specific contradiction evidence

BUT IF YOU WANT TO IMPEACH, cannot do so on a collateral matter

You can’t bring in extrinsic evidence to impeach witness on a collateral matter

Its purpose is to “limit the scope of impeachment to the introduction of evidence that is relevant to the important issues in dispute.

Question 16

Process of Rehabilitation

Answer 16

a. It matters HOW you were impeached
b. Truthfulness

Question 17

Impeachment for Bias

Answer 17

There is no rule for impeaching for bias which means you can bring in whatever you want for impeaching for bias and the state can introduce whatever it wants for rehabilitation

Question 18

Can you rehabilitate someone before they are impeached?

Answer 18

NO

Question 19

What is admitted for impeachment for bias?

Answer 19

Facts/factual findings/opinions/conclusions (beech aircraft)

Question 20

147. FRE 704 Opinion on Ultimate Issue

Answer 20

Not automatically objectionable EXCEPT in criminal case, expert witness cannot comment on whether the defendant had the mental state to commit the crime