Testimonial Evidence: Impeachment

Question 1

Impeachment by Contradiction

Answer 1

May use extrinsic evidence, however not if contradiction is on a collateral matter

Question 2

Impeachment by Prior Inconsistent Statement

Answer 2

If made on record or under oath may be used as substantive evidence.

Extrinsic evidence is admissible, as long as given an opportunity before OR after to explain or deny.

Question 3

Impeachment with Evidence of Bias, Interest or Motive

Answer 3

Extrinsic evidence is admissible, as long as given an opportunity to explain or deny before evidence is admitted.

Oregon: if person admits bias, extrinsic evidence is inadmissible.

Question 4

Impeachment with Conviction for Crime Involving Dishonesty

Answer 4

May be impeached by any crime felony misdemeanor, requiring act of dishonesty or false statement.

Court has no discretion to bar impeachment

Question 5

Impeachment with Conviction for Crime NOT involving dishonesty

Answer 5

Must be a felony, but court has discretion to exclude if: witness is criminal defendant and prosecution has not shown 403

In case of all other witnesses if court determines 403

Oregon: Doesn’t apply 403, and if conviction is more than 15 years old inadmissible.

Question 6

Impeachment with Non-Conviction Misconduct Evidence Bearing On Truthfulness

Answer 6

Extrinsic evidence is inadmissible, impeacher may only cross examine about misconduct.

Oregon: this does not exist

Question 7

Impeachent with Reputation and Opinion Regarding Truthfulness

Answer 7

May impeach on cross or by calling other witnesses.