SYCR: Impeachment Flashcards
No EE on what type of matter?
Collateral.
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.
Identification
Can a third party introduce a PSC of ID for a witness who does not make an in-court ID?
No – pure HS
Can a third party introduce a PSC of ID for a witness who makes an in-court ID?
Yes, as long as the witness testifies the same in court, anyone who witnessed the PCS ID can testify.
Are PISs admissible to impeach?
Yes
When and only when can a PIS come in for its truth?
When given under oath AND
At a trial, hearing, deposition, or other legal proceeding.
Can a party use EE to prove a prior PIS?
Yes
What sort of foundation before using EE to prove a PIS?
Witness should be afforded an opportunity to explain or deny
What do we call as PIS of a party?
Admission
A PIS made by a party is called a ______. It can/cannot come in for its truth.
Admission
Can
May evidence of Bias, Motive, Interest used to impeach be supported with EE?
Yes
Prior convictions can be used to impeach if they are the ____ ____ of crime
Proper kind
What sort of prior conviction ALWAYS come in?
ANY crime (f or md) involving dishonesty or false statement.
What sort of crimes may come in? What limitation?
FELONIES not involving dishonesty or false statement.
Subject to 403
In general, convictions can’t be too remote. What is the general cut off?
10 years
Is EE permissible to prove a prior conviction?
Yes
Foundation needed to introduce EE of a prior conviction?
No
At what point may a party ask about specific acts of deceit or lying for impeachment purposes?
on cross ONLY
Is EE permitted to prove a specific act of deceit or lying?
No. Limited to cross.
What is required to ask about a specific act of deceit or lying?
Good faith (reasonable basis)
When impeaching through bad reputation for truth and veracity, is EE permitted?
Yes, it is required (witness statements)
When using EE to support an impeachment for bad rep. for truth and veracity, what methods are OK?
Rep and opinion ONLY – no specific acts.
PCSs are ok to do this, but not this.
OK to rebut a charge of recent fabrication or improper motive/influence
NOT OK to rebut PIC (why? still inconsistent)
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?
It must have been made BEFORE the alleged fabrication, motive, etc.
Is a PCS offered to rebut a charge of recent fabrication or improper motive/influence admissible for its truth?
Yes
In PA, what is the only sort of crime that can be admitted to impeach? How does it differ from the FRE in scope?
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.
Does PA allow for EE of prior convictions? Does the FRE
No–limited to cross
Yes–EE Ok.
Does PA allow impeachment through specific acts of deceit or lying on cross?
No. Not at all
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?
No
Yes, TMA under FRE
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.
It written, signed, and adopted by the W; or
If contained in a contemporaneous audio or video recording,
