Class 8: Reputation and Opinion Evidence of Untruthful Character, Cross Examining Character Witnesses and Religious Beliefs and Impeachment - Feb. 1 Flashcards
What are the two methods for attacking a witness’s character for truthfulness? (Q)
The two methods for attacking a witness’s character for truthfulness are:
(1) calling another witness to testify about the witness’s reputation for untruthfulness or to testify in the form of opinion about the witness’s bad character for truthfulness
(FRE 608(a))
or
(2) asking the witness about specific instances of conduct indicative of his bad character for truthfulness.
(FRE 608(b))
May a witness testify about another witness’s reputation in the community for truthfulness? (Q)
Yes. A witness may testify about another witness’s reputation in the community for truthfulness.
(FRE 608(a))
May a witness testify in the form of an opinion about another witness’s character for truthfulness? (Q)
Yes. A witness may testify in the form of an opinion about another witness’s character for truthfulness.
(FRE 608(a))
May a party inquire about specific instances of conduct, or prior bad acts, related to a witness’s character for truthfulness? (Q)
Yes. A party may inquire about specific instances of conduct, or prior bad acts, related to a witness’s character for truthfulness, if the party has a plausible, good faith basis for doing so. However, the inquiring party must stop the inquiry at the witness’s answer and may not use extrinsic evidence to prove that the conduct actually occurred. For example, a party can ask a witness, “Isn’t it true that you lied to your neighbor about hitting her parked car?” But if the witness answers “no,” then the inquiry must stop.
(FRE 608(b))
If evidence of a specific instance of conduct related to a witness’s character for truthfulness is admissible for impeachment purposes, will it be admitted regardless of its prejudicial effect? (Q)
No. If evidence of a specific instance of conduct related to a witness’s character for truthfulness is admissible for impeachment purposes, the evidence will not be admitted if its probative value is substantially outweighed by its prejudicial effect.
(FRE 608)
Can a character witness testify on direct examination about specific instances or specific facts that support the reputation or opinion testimony? (Q)
No. A character witness cannot testify on direct examination about any specific instances or specific facts that support the reputation or opinion testimony.
(FRE 404(a))
After a real estate deal fell apart, the plaintiff sued the defendant in federal court for breach of contract. In her case-in-chief, and before the plaintiff testified, the plaintiff’s attorney called a character witness and asked about the plaintiff’s reputation for truthfulness in the city’s real estate community. The character witness answered that the plaintiff had a reputation for being very honest and truthful. The defense attorney objected and moved to strike the testimony, arguing that the plaintiff’s attorney cannot call a character witness to support or bolster the plaintiff’s character until that character has been attacked.
How should the court rule on the objection? (Q)
The court should sustain the objection because a party cannot offer evidence of a witness’s truthful character until the witness’s character for truthfulness has been attacked. A party can then call a separate witness to testify about the principal witness’s reputation for truthfulness or to give an opinion about the principal witness’s character for truthfulness.
Here, the plaintiff’s case-in-chief is still in progress, so the defense has not yet had a chance to attack the plaintiff’s character for truthfulness. Although the plaintiff’s attorney’s procedure was correct, her timing was incorrect. Thus, the court should sustain the objection.
Is a witness’s credibility always relevant? (Merritt)
Yes.
(Ch 22 Quiz)
Is impeachment beyond the scope of FRE 611? (Merritt)
No.
(Ch 22 Quiz)
On cross-examination, may parties admit extrinsic evidence of specific acts? (Merritt)
No.
(FRE 608(b)) (Ch 22 Quiz)
What can religious beliefs be used to impeach witnesses for? (Q)
Bias. (FRE 610)
What does FRE 610 state? (LII)
Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
If the witness’s conviction or release from confinement occurred more than 10 years ago, when must the court still admit the evidence? (Q)
If the witness’s conviction or release from confinement occurred more than 10 years ago, the court must still admit the evidence if:
(1) its probative value substantially outweighs its prejudicial effect and
(2) the proponent gives an adverse party reasonable written notice of the intent to use the misdemeanor conviction.
What does FRE 610 govern? (LII)
FRE 610 governs religious beliefs or opinions.
How can a witness give reputation testimony about another witness’s reputation in the community? (Q)
In order to give reputation testimony, the witness must be a person sufficiently familiar with the other witness’s reputation in his or her community to give competent testimony on the topic.
