Non-Character Impeachment Flashcards
Leading Questions
Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinary the court should allow leading questions
1) on cross examination; and
2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party
NOTE - a hostile witness is one who refuses to answer questions
General Types of Noncharacter Impeachment Methods
1) Questioning the witness’s perceptive abilities
2) questioning a witness’s recollection
3) Questioning whether the witness was impaired by drugs or alcohol
4) Exploring the witness’s mental competency
5) exploring whether any coercion has occurred
Extrinsic Evidence is generally admissible to support these types of impeachment methods
Impeachment by Showing Bias or Interest
Extrinsic evidence will generally be admissible to establish a bias or interest
This is not saying the that witness has a character to be untruthful, but rather is showing that the witness has a current motivation not the be truthful
Impeachment by Prior Inconsistent Statements
Extrinsic evidence of a prior inconsistent statement is generally admissible for the purposes of impeachment
The theory is that the witness has said different things at different times, so she is not to be believed as to that matter
Impeachment by Contradiction
This is impeachment of a witness’s testimony to contradict the witness’s testimony about some fact.
Important – Extrinsic evidence to prove the contrary fact is not allowed if it relates to a collateral matter (not involving issues in the case). Therefore, the cross examiner is often bound by the answer the witness gives.
Scope of Cross Examination
Cross examination is generally limited to:
1) the scope of the direct examination, including all reasonable inferences; and
2) matters that test the credibility of the witness
