Cross-Examination, Impeachment, and Rehabilitation of Witnesses Flashcards
Leading Questions CEC 767
Except under special circumstances where the interest of justice would require, leading questions may not be asked if a W if on direct or redirect examination.
Impeachment by Conviction CEC 788
For purposes of attacking the credibility of a W it may be shown through examination of the W or the record of the judgment that the W has been convicted of a felony. In a civil case in CA, limited to felony convictions for crimes of untruthfulness of the W. In a criminal case in CA, ANY felony conviction of any person is allowed for the purposes of impeachment. If the conviction is a misdemeanor and the case is criminal, it is allowed for impeachment if it was a crime of moral turpitude. CEC: no 10-year analysis. Subject to judicial discretion under 352.
Impeachment with Specific Instances of untruthful acts CEC 787
In civil cases in CA, it is impermissible to impeach a W by asking about prior SIC, including untruthful acts to prove a character flaw regarding untruthfulness, but it is permissible to prove bias, motive, etc. In criminal proceedings, a W CAN be impeached with prior SIC of the W’s character for untruthfulness and the cross-examiner can ask about SIC that involves moral turpitude.
Impeachment a W with a Character Witness CEC 786
The character witness can offer an opinion that the W is untruthful or the character W testifies to the W’s reputation in the community for untruthfulness.
Impeachment of a Character Witness
Subject to all same impeachment tactics as any other W. Specific examples of truthfulness, and questions that undermine the bad testimony are permissible on cross of the Character W. No extrinsic evidence allowed except in a CA criminal case because of Prop 8.
Impeachment with religious beliefs CEC 789
Religious beliefs are not admissible to attack or support a W’s credibility. Can be admissible for some other purpose such as bias or interest. Prop 8 seems to repeal this prohibition but there is not case law, so we will apply the general rule.
