Methods of Impeachment

Question 1

Prior Inconsistent statements: Means of proof and foundation:

Answer 1

Means of proof = Cross-exam or extrinsic evidence if NOT a collateral matter
Foundation = Witness given opp. to explain or deny the inconsistent statement (exception for hearsay declarants)
UNLESS statement made under oath at prior proceeding, it is NONHEARSAY

Question 2

Bias or Interest: Means of proof and foundation

Answer 2

Cross-Examination, extrinsic evidence
Foundation=must be asked about facts showing bias/interest before bringing extrinsic evidence. If admitted, extrinsic evidence introduction is court’s discretion

Question 3

Conviction of crime: What must it be, means of proof, Foundation

Answer 3

Must be felony or any crime involving dishonesty
Means of proof = Cross-examination, record of judgment
No foundation required
Court can exclude if crim defendant and prosecution hasn’t shown the conviction’s probative value outweighs prejudicial effect (otherwise court determines this)

Question 4

Specific Instances of Misconduct means of proof, Foundation

Answer 4

Can be asked about it on cross examination only if the act is probative of truthfulness (inquire in good faith), no foundation requirements

Question 5

Opinion or Reputation for Truthfulness means of proof, Foundation

Answer 5

Calling other witnesses to show he has poor reputation for truthfulness NO foundation

Question 6

Contradictory facts: means of proof, Foundation

Answer 6

Can use to impeach and show whole testimony is false if: 1) witness’s testimony on a fact is a MATERIAL ISSUE in case 2) the testimony on particular fact is SIGNIFICANT ON ISSUE OF CREDIBILITY 3) witness volunteers testimony about a SUBECT OPPOSING PARTY WOULDN’T BE ABLE TO BRING EVIDENCE ABOUT

Question 7

Rehabilitating witness:

Answer 7

Explanation on redirect, once attacked can bring witnesses to show good rep for truthfulness, and can bring prior consistent statements

Question 8

Learned Treatises:

Answer 8

Admissible as substantive proof IF: called to the attention of or relied upon by an expert witness AND established as reliable authority by testimony of the expert, other expert testimony, or judicial notice.
ONLY STATEMENTS CAN BE READ INTO EVIDENCE, CANNOT BE BROUGHT IN AS AN EXHIBIT (or else jurors will start doing their own investigations to random things within the treatise)