Impeachment

Question 1

Is bolstering your own witness allowed?

Answer 1

Not until after your witness’s credibility has been attacked.

Question 2

Can you impeach your own witness?

Answer 2

Yes.

Question 3

Impeachment methods

Answer 3

(1) prior inconsistent statements
(2) bias, interest, or motive to misrepresent
(3) sensory deficiencies
(4) contradiction
(5) bad reputation or opinion about witness’s character for truthfulness
(6) criminal convictions
(7) bad acts that reflect adversely on witness’s character for truthfulness

Question 4

When are prior inconsistent statements admissible as substantive evidence?

Answer 4

When they are made under oath and as part of a formal hearing, proceeding, trial, or deposition.

Question 5

Must a witness be given an opportunity to return to the stand to explain or deny the prior inconsistent statement?

Answer 5

Yes, but not necessarily before proof with extrinsic evidence.

Question 6

Exception to confrontation requirement

Answer 6

No confrontation is required and no opportunity to explain need be given if the witness is an opposing party.

Question 7

If the confrontation requirement is met, may bias be proven by extrinsic evidence?

Answer 7

Yes.

Question 8

Is confrontation required for sensory deficiencies?

Answer 8

No.

Question 9

Is extrinsic evidence allowed for sensory deficiencies?

Answer 9

Yes.

Question 10

Is extrinsic evidence allowed for contradiction?

Answer 10

Not if the fact at issue is collateral.

Question 11

Is confrontation required for bad reputation or opinion about witness’s character for truthfulness?

Answer 11

No.

Question 12

Is extrinsic evidence allowed for bad reputation or opinion about witness’s character for truthfulness?

Answer 12

Yes.

Question 13

May any crime involving dishonesty or false statement be used to impeach?

Answer 13

Yes.

Question 14

Must the conviction be a felony if it does not involve dishonesty or a false statement?

Answer 14

Yes, but the conviction or release from prison, whichever is later, must be within 10 years of the witness’s testimony.

Question 15

How must you prove a conviction?

Answer 15

(1) as a witness to admit prior conviction, or

(2) introduce record of conviction

Question 16

Is a conviction admissible if the conviction was subject to a pardon, annulment, or other equivalent procedure?

Answer 16

Not if the pardon was based on a finding of rehabilitation and the witness has not been convicted of a subsequent felony, or if the pardon was based on a finding of innocence.

Question 17

Is extrinsic evidence permitted for prior bad acts involving untruthfulness?

Answer 17

No.

Question 18

When is showing a witness’s good character for truthfulness allowed?

Answer 18

When the opponent used methods of attacking the witness’s general bad character.

Question 19

How do you show a witness’s good character for truthfulness?

Answer 19

The character witness provides reputation or opinion testimony about the witness’s good character for truthfulness.

Question 20

When are prior consistent statements allowed?

Answer 20

When either the witness is charged with fabrication based on a recent motive or improper influence, and the statement was made before the motive arose; or the statement rehabilitates a witness impeached on another ground.