Impeachment

Question 1

What are the main Impeachment methods?

Answer 1

Bias, prior inconsistent statement, sensory deficiency, prior conviction, prior bad acts related to truthfulness, opinion or reputation evidence of untruthfulness

Question 2

How can a witness be Impeached?

Answer 2

Cross examination; or extrinsic evidence

Question 3

Prior inconsistent statements

Answer 3

Can come in on cross or by extrinsic evidence if a foundation is laid; generally only admissible to impeach, but can be used as substantive evidence if the prior statement was sworn under oath

Question 4

How do you lay foundation to introduce extrinsic evidence of a prior inconsistent statement

Answer 4

At some point the witness can explain or deny the statement and the adverse party is given a chance to examine the witness about the statement

Question 5

Impeachment by bias

Answer 5

Evidence showing witness has a motive to lie; can be introduced with extrinsic evidence if first asked about the facts showing bias on cross examination.