Witnesses Flashcards
Rule on witness’s character for truthfulness or untruthfulness through extrinsic evidence
Although a witness’s character for truthfulness or untruthfulness is always relevant, it can only be proved by either opinion or reputation evidence. Extrinsic evidence (including another witness’s testimony) of specific instances of conduct is inadmissible to prove a witness’s character for untruthfulness. Note that character witnesses may be cross-examined about specific instances of conduct, but no extrinsic evidence is permissible.
Rule for When a hearsay statement is admitted into evidence, the credibility of the declarant may be attacked by any evidence that would be admissible if the declarant had testified as a witness.
When a hearsay statement is admitted into evidence, the credibility of the declarant may be attacked by any evidence that would be admissible if the declarant had testified as a witness. The declarant need not be given the opportunity to explain or deny any inconsistent statement or conduct, whether such statement or conduct occurred before or after the hearsay statement.
Rule for a expert stating an opinion about whether a criminal defendant had the requisite mental state of any element of the crime charged or of a defense.
Generally, an expert’s opinion may be admissible even though the opinion embraces an ultimate issue in the case, including the defendant’s state of mind. However, an expert may not state an opinion about whether a criminal defendant had the requisite mental state of any element of the crime charged or of a defense. That determination lies in the province of the trier of fact.
Rule for when Witness makes statements that are inconsistent with some materials part of the witness’s testimony.
A witness may be impeached by showing that the witness has made statements that are inconsistent with some material part of the witness’s testimony.
Rule for Impeaching a witness
Any witness may be impeached with evidence that he has been convicted of any crime—felony or misdemeanor—involving dishonesty or false statement, regardless of the punishment imposed or the prejudicial effect of the evidence, provided that no more than 10 years have lapsed since the later of the date of conviction or the release from confinement.
