Post
by whitecollar23 » Thu Jul 21, 2016 4:02 pm
Here's some impeachment stuff I found online that I edited slightly:
Modes of Impeachment
Suggesting that the Witness Lied Intentionally
• BIAS
o for or against the defendant
• family ties, organization membership, financial ties
• reasons for hatred or retaliation
o Can be proved by Extrinsic Evidence if needed
• Reputation or Opinion that Witness is a Liar – R608
o Character Witnesses testify that Witness is Untruthful
o After Attacked, can be Rehabilitated – other Character Witnesses testify to reputation/opinion of Truthfulness; can testify to Reputation of the Character Witness for Truthfulness
• Felony Convictions – R609(a)(1)
o Witness (not the Accused) – R403 balancing (danger is that “birds of a feather flock together” and witness’s past crimes will be imputed to accused)
o Accused – probative value must outweigh prejudicial effect
o subject to 10yr time limit
• Dishonesty Crime Convictions – R609(a)(2)
o no balancing, not even 403
o subject to 10yr time limit
• Unconvicted Bad Acts Probative of Truthfulness / Untruthfulness
o ONLY on cross-examination
o No Extrinsic Evidence to prove whether the Bad Act occurred
o only the wit’s testimony – must “take the witness’s answer”
o can only question the witness, or someone who has testified about that witness’ character
Suggesting Witness’s Memory or Perception is Poor
• Contradiction
o proof that portion of what the witness testified to is factually incorrect
o Collateral Matters
• Would the testimony be relevant to the trial even if the witenss hadn’t testified about it?
• No extrinsic evidence to contradict witness on collateral matters
• Prior Inconsistent Statements – R613
o CAN’T be relied on as substantive proof unless under oath at a prior proceeding under R801(d)(1)(A)
o Extrinsic Evidence to prove the prior inconsistent stmt was made is OK if witness is allowed to explain/deny and opposing party allowed to interrogate the witness thereon
• Attack on Memory
• Attack on Perception
o eyesight, hearing, drunk at the time, on drugs at the time