Impeachment (Writing Template)

Question 1

Impeachment

Answer 1

Impeachment means the casting of an adverse reflection on the veracity of the witness. A witness may be impeached either by cross-examination or by extrinsic evidence. Here,

Question 2

Prior Inconsistent Statements

Answer 2

A party may show that the witness has, on another occasion, made statements inconsistent with his present testimony. Usually, prior inconsistent statements are hearsay, admissible only for impeachment purposes, however, if the statement was made under oath at a prior proceeding, it is admissible nonhearsay and may be admitted as substantive evidence of the facts state. Here,

In CA, inconsistent statements can be offered as substantive evidence of its truth. It need not be under oath. Here,

Question 3

Bias

Answer 3

Evidence that a witness is biased tends to show that the witness has a motive to lie. Here,

Question 4

Conviction of a Crime

Answer 4

A witness may be impeached by proof of a CONVICTION for ANY crime (under 10 years) involving dishonesty or a felony that does not involve dishonesty, but the court has discretion to exclude those types of felonies. Here,

In CA, a witness can be impeached with ANY misdemeanor conviction involving moral turpitude in a criminal case. Here,

Question 5

Bad Acts

Answer 5

A witness may be impeached on cross examination with respect to an act of deceit or lying, however, the cross-examiner must only do so in good faith, and may not introduce extrinsic evidence with regards to the bad act. Here,

(Arrest does not equal bad act)

Question 6

Opinion or Reputation for Truthfullness

Answer 6

A witness may by impeached by showing that he has a poor reputation for truthfulness. Further, the impeaching witness may offer his own opinion as to the truthfulness of the original witness.