SYCR: Impeachment

Question 1

No EE on what type of matter?

Answer 1

Collateral.

Question 2

A PCS is ordinarily HS. However, a PCS of __________ that was made by a witness who testifies at trial is excluded from the definition of HS.

Answer 2

Identification

Question 3

Can a third party introduce a PSC of ID for a witness who does not make an in-court ID?

Answer 3

No – pure HS

Question 4

Can a third party introduce a PSC of ID for a witness who makes an in-court ID?

Answer 4

Yes, as long as the witness testifies the same in court, anyone who witnessed the PCS ID can testify.

Question 5

Are PISs admissible to impeach?

Answer 5

Yes

Question 6

When and only when can a PIS come in for its truth?

Answer 6

When given under oath AND

At a trial, hearing, deposition, or other legal proceeding.

Question 7

Can a party use EE to prove a prior PIS?

Answer 7

Yes

Question 8

What sort of foundation before using EE to prove a PIS?

Answer 8

Witness should be afforded an opportunity to explain or deny

Question 9

What do we call as PIS of a party?

Answer 9

Admission

Question 10

A PIS made by a party is called a ______. It can/cannot come in for its truth.

Answer 10

Admission

Can

Question 11

May evidence of Bias, Motive, Interest used to impeach be supported with EE?

Answer 11

Yes

Question 12

Prior convictions can be used to impeach if they are the ____ ____ of crime

Answer 12

Proper kind

Question 13

What sort of prior conviction ALWAYS come in?

Answer 13

ANY crime (f or md) involving dishonesty or false statement.

Question 14

What sort of crimes may come in? What limitation?

Answer 14

FELONIES not involving dishonesty or false statement.

Subject to 403

Question 15

In general, convictions can’t be too remote. What is the general cut off?

Answer 15

10 years

Question 16

Is EE permissible to prove a prior conviction?

Answer 16

Yes

Question 17

Foundation needed to introduce EE of a prior conviction?

Answer 17

No

Question 18

At what point may a party ask about specific acts of deceit or lying for impeachment purposes?

Answer 18

on cross ONLY

Question 19

Is EE permitted to prove a specific act of deceit or lying?

Answer 19

No. Limited to cross.

Question 20

What is required to ask about a specific act of deceit or lying?

Answer 20

Good faith (reasonable basis)

Question 21

When impeaching through bad reputation for truth and veracity, is EE permitted?

Answer 21

Yes, it is required (witness statements)

Question 22

When using EE to support an impeachment for bad rep. for truth and veracity, what methods are OK?

Answer 22

Rep and opinion ONLY – no specific acts.

Question 23

PCSs are ok to do this, but not this.

Answer 23

OK to rebut a charge of recent fabrication or improper motive/influence

NOT OK to rebut PIC (why? still inconsistent)

Question 24

What must be true of a PCS in order for it to be used to rebut a charge of recent fabrication or improper motive/influence?

Answer 24

It must have been made BEFORE the alleged fabrication, motive, etc.

Question 25

Is a PCS offered to rebut a charge of recent fabrication or improper motive/influence admissible for its truth?

Answer 25

Yes

Question 26

In PA, what is the only sort of crime that can be admitted to impeach? How does it differ from the FRE in scope?

Answer 26

In PA, only crimes of dishonesty or false statement are admissible. No other felonies.

However, PA define crime of D or FA much more broadly. Basically, anything involving theft–even without a false statement–can come in.

Question 27

Does PA allow for EE of prior convictions? Does the FRE

Answer 27

No–limited to cross

Yes–EE Ok.

Question 28

Does PA allow impeachment through specific acts of deceit or lying on cross?

Answer 28

No. Not at all

Question 29

When using a PCS to rebut a charge of recent fabrication or improper motive/influence IN PA, can the PCS come in for TMA? How about under FRE?

Answer 29

No

Yes, TMA under FRE

Question 30

The FRE says that a PIS is admissible for its truth only if given under oath at a legal proceeding.

PARE agrees, but add these two other ways a PIS can come in for TMA.

Answer 30

It written, signed, and adopted by the W; or

If contained in a contemporaneous audio or video recording,