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Flashcards in SYCR: Impeachment Deck (30):
1

No EE on what type of matter?

Collateral.

2

A PCS is ordinarily HS. However, a PCS of __________ that was made by a witness who testifies at trial is excluded from the definition of HS.

Identification

3

Can a third party introduce a PSC of ID for a witness who does not make an in-court ID?

No -- pure HS

4

Can a third party introduce a PSC of ID for a witness who makes an in-court ID?

Yes, as long as the witness testifies the same in court, anyone who witnessed the PCS ID can testify.

5

Are PISs admissible to impeach?

Yes

6

When and only when can a PIS come in for its truth?

When given under oath AND

At a trial, hearing, deposition, or other legal proceeding.

7

Can a party use EE to prove a prior PIS?

Yes

8

What sort of foundation before using EE to prove a PIS?

Witness should be afforded an opportunity to explain or deny

9

What do we call as PIS of a party?

Admission

10

A PIS made by a party is called a ______. It can/cannot come in for its truth.

Admission

Can

11

May evidence of Bias, Motive, Interest used to impeach be supported with EE?

Yes

12

Prior convictions can be used to impeach if they are the ____ ____ of crime

Proper kind

13

What sort of prior conviction ALWAYS come in?

ANY crime (f or md) involving dishonesty or false statement.

14

What sort of crimes may come in? What limitation?

FELONIES not involving dishonesty or false statement.

Subject to 403

15

In general, convictions can't be too remote. What is the general cut off?

10 years

16

Is EE permissible to prove a prior conviction?

Yes

17

Foundation needed to introduce EE of a prior conviction?

No

18

At what point may a party ask about specific acts of deceit or lying for impeachment purposes?

on cross ONLY

19

Is EE permitted to prove a specific act of deceit or lying?

No. Limited to cross.

20

What is required to ask about a specific act of deceit or lying?

Good faith (reasonable basis)

21

When impeaching through bad reputation for truth and veracity, is EE permitted?

Yes, it is required (witness statements)

22

When using EE to support an impeachment for bad rep. for truth and veracity, what methods are OK?

Rep and opinion ONLY -- no specific acts.

23

PCSs are ok to do this, but not this.

OK to rebut a charge of recent fabrication or improper motive/influence

NOT OK to rebut PIC (why? still inconsistent)

24

What must be true of a PCS in order for it to be used to rebut a charge of recent fabrication or improper motive/influence?

It must have been made BEFORE the alleged fabrication, motive, etc.

25

Is a PCS offered to rebut a charge of recent fabrication or improper motive/influence admissible for its truth?

Yes

26

In PA, what is the only sort of crime that can be admitted to impeach? How does it differ from the FRE in scope?

In PA, only crimes of dishonesty or false statement are admissible. No other felonies.

However, PA define crime of D or FA much more broadly. Basically, anything involving theft--even without a false statement--can come in.

27

Does PA allow for EE of prior convictions? Does the FRE

No--limited to cross

Yes--EE Ok.

28

Does PA allow impeachment through specific acts of deceit or lying on cross?

No. Not at all

29

When using a PCS to rebut a charge of recent fabrication or improper motive/influence IN PA, can the PCS come in for TMA? How about under FRE?

No

Yes, TMA under FRE

30

The FRE says that a PIS is admissible for its truth only if given under oath at a legal proceeding.

PARE agrees, but add these two other ways a PIS can come in for TMA.

It written, signed, and adopted by the W; or

If contained in a contemporaneous audio or video recording,