Impeachment Flashcards
(52 cards)
What is impeachment?
Attacking the credibility of witness testimony, either concerning the subject of the testimony or the general believability of the witness.
What is rehabilitation?
Repairing the credibility of a witness whose testimony has been impeached/
What is intrinsic evidence?
admissions on cross-examination
What is extrinsic evidence?
Any evidence other than admissions on cross-examination.
What are the five common methods of impeachment in federal court?
- Bias, sympathy, or ulterior motive
- Defects in perception or memory
- Bad character for truthfulness
- Prior inconsistent statements
- Contradicting the testimony with counterproof
What are the three ways to show bad character for truthfulness?
- Prior unconvicted acts indicating dishonesty
- Prior convictions
- Reputation/opinion evidence
Who may impeach a witness?
Any party, even the party that called the witness
When can a party impeach their own witness?
Some courts require
1. Some degree of surprise and
2. the testimony caused some damage
Some courts do not require the above when the proponent calls a witness known to be hostile.
What are some facts that show bias against a party?
- prior disputes
- statements indicating racial animus
- economic competition
- plea agreement requiring witness to cooperate
What are some facts showing bias in favor of a party?
- longstanding friendship
- romantic relationship
- shared economic interest
- membership in the same group/religious organization
Are there any other instances where bias might be present that don’t involve bias toward a person or party?
Yes. E.g., a pending book deal or a pending trial of a witness where this testimony could be used.
When is bias irrelevant?
Trick question! It is always relevant.
What are the 3 ways bias can be proven?
- Cross-examination of a witness (intrinsic)
- Extrinsic evidence of conduct
- Extrinsic evidence of prior statement.
What is an alternative technique to get extrinsic evidence of bad character for truthfulness admitted?
BIAS
What is the holding in the Abel case?
- Bias is always relevant
- All it takes to get you evidence in is one avaialable route (i.e., the unavailability of one route does not affect the availability of another
- Bias can be proven with extrinsic evidence.
When are defects in perception or memory irrelevant?
Defects in perception or memory are always relevant AS LONG as the validity of the witness’s testimony depends on perception or memory.
T/F only extrinsic evidence of defect in perception or memory can be used
False. Intrinsic or extrinsic (e.g., doctor’s testimony or records) evidence can be used.
What are the 3 ways to show bad character for truthfulness?
- Unconvicted acts bearing on truthfulness
- Prior Convictions
- Reputation or opinion evidence
What are the 2 ways to present evidence for unconvicted acts bearing on truthfulness
- You can ask the witness about their unconvicted acts.
- You can confront the witness with the bad or good acts of other people whose character they discussed. (NOTE: This is technically extrinsic to the examination of target witness, BUT it is intrinsic in the sense that a 3rd party witness opened the door to this line of questioning. Remember, opening the door trumps everything because the witness is putting it at issue by taking the stand themselves.
Do you have to respect a witness’s 5th Amendment right against self-incrimination when trying to elicit testimony regarding unconvicted acts bearing on truthfulness?
Yessir.
What type of evidence cannot be offered for unconvicted acts bearing on truthfulness?
EXTRINSIC EVIDENCE
What are the three steps for getting evidence of prior convictions admitted?
- Determine whether the conviction qualifies
- Determine which balancing test to use
- Consider time limits
When does a prior conviction qualify as evidence for impeachment?
- if it was a felony punishable by death or imprisonment exceeding one year OR
- If the offense involved dishonesty as an element the government must prove.
(i.e., felonies are categorically admitted. Whether a misdemeanor is admitted depends on whether it involves dishonesty. THEFT does not involve dishonesty.)
Do nolo pleas and convictions awaiting appeal count as qualifying convictions
Yes
