Impeachment

Question 1

Methods of Impeachment: Facts Specific to Current Case

Answer 1

1. Prior inconsistent statements
2. Bias
3. Sensory deficiencies
4. Contradiction

Question 2

Methods of Impeachment: General Bad Character for Truthfulness

Answer 2

1. Opinion/Reputation
2. Prior convictions
3. Prior bad acts of dishonesty

Question 3

Prior inconsistent statements

Answer 3

Via cross
Via extrinsic IF:
-witness given opportunity to explain/deny the statement
-adverse party given opportunity examine witness about it
UNLESS it’s a statement of the opposing party

Note: can also get in substantively if the statement was made under oath

Question 4

Bias

Answer 4

Via cross
Via extrinsic IF witness is asked about those facts during cross

Question 5

Sensory Deficiencies

Answer 5

Via cross
Via extrinsic

Question 6

Contradiction

Answer 6

Via cross
Via extrinsic UNLESS the fact is collateral (no significant relevance to case/credibility)

Question 7

Opinion/Reputation for Untruthfulness

Answer 7

Via character witness

Question 8

Prior Convictions

Answer 8

Via cross
Via extrinsic record

1. Any crime involving dishonesty
2. Felony, subject to 403 or reverse 403 for crim D

+10 years from conviction/release

Not allowed if pardoned and for juvenile convictions generally

Question 9

Prior Bad Acts of Dishonesty

Answer 9

Via cross ONLY
Specific act must be probative of truthfulness

Question 10

Rehab on Re-direct

Answer 10

1. If impeached on character for truthfulness, can call witnesses to give reputation/opinion about witness’s good character for truthfulness.
2. If impeached on grounds of lying/exaggerating, inconsistency, bad memory, etc, can introduce a prior consistent statement (also gets in substantively).