Witness Credibility

Question 1

Prohibition on Bostering

Answer 1

1) Offering Evidence of Witness’s Good Character for Truthfulness, before a opposing attack.
2) Offering Prior consistent statements before impeachment.
Permissible Bolstering:
Forms of address (Dr. Special Agent)
Introducing multiple witness to testify on the same subject
Qualifying an expert.

Question 2

Exceptions to the Prohibition on Bosltering

Answer 2

1) Pretrial Identifications may be offered to bolster “in Court” Idetifications of a criminal defendant.
2) Fresh complaints (rape Trials): Bolstered by fact victim made the complaint soon after the incident.
3) Cooperation Plea Agreements - Bolstering a prosecution witness

Question 3

BIAS IMPEACHMENT

Answer 3

Relevant basis for impeaching a Witness:

• Bias
• Interest
• Partiality
• Corruption

Question 4

Two Broad Categories of Bias

Answer 4

1) Witness - Party Relationship
- Favorable: Familial, employment, business, sexual
- Hostile: prior fights
2) Witness - Litigation Relationship
- Financial Interest in the case, or related case
- Witness offered immunity or reduced charge

Question 5

Right of Confrontation

Answer 5

Preventing a criminal defendant from establishing bias of a prosecution witness is unconstitutional.

Question 6

Impeachment: Sensory and Mental Defects

Answer 6

Mental or Sensory Defects that affect the Witness's ability to 
- Observe
- Recall 
- Relate events 
= ADMISSIBLE

Question 7

Untruthful Character Impeachment

Answer 7

• Opinion and Reputation evidence permitted.

- Limited to testimony related to Truthfulness of Witness.

Question 8

Untruthful Character (Prior Conviction)

Answer 8

• Civil and Criminal Cases
• Impeachment of any witness, and Criminal Defendant
  Admissible Prior Convictions:
• Felonies
• Crimes of Dishonesty or false statement

Question 9

Relevant Factors to Admissibility of Prior Convictions

FOR IMPEACHMENT

Answer 9

1) Impeachment Value of the prior crime
2) the point in time of the conviction and Defendant’s subsequent history
3) similarity between the past crime and the charged crime.
4) the importance of the defendant’s testimony
5) Centrality of the credibility issue.

Question 10

Ten year limit on admissibility of Prior convictions

Answer 10

Inadmissible if more than ten years have elapsed since the date of
1) the conviction
2) Release of person from jail
Latter of the two.
Exception:
1) Proponent provides notice
2) Probative value substantially outweighs prejudice.

Question 11

Pardon / Annulment Rule 609

Answer 11

1) Pardon based on finding of innocence = Inadmissible
2) Pardon, rehabilitation based on finding of rehabilitation, conviction is excluded only if witness has not been charged with another crime for more than one year.

Question 12

Untruthful Character (Prior Acts)
Specific Instances

Answer 12

Admissible only if:

• Conduct Reflects Untruthful Character
• Probative Value outweighs unfair prejudice
• Good faith basis for inquiry exists
• Evidence is introduced on cross. (NOT THROUGH EXTRINSIC EVIDENCE).

Question 13

Five Methods of Impeachment

Answer 13

1) Bias or Interest
2) Sensory or Mental Defect
3) Character for untruthfullness
4) Specific contradiction
5) Prior inconsistent statements