Witnesses: Impeachment

Question 1

Character witness testimony (FRE 608a)

Answer 1

Not permitted to introduce specific instances of conduct/permitted to use either opinion or reputation in the form of character witness

Question 2

Specific acts (FRE 608b)

Answer 2

When cross examining a witness, you may inquire into (but not prove) specific acts that are probative of honesty or dishonesty

Question 3

Criminal convictions (FRE 609)

Answer 3

-Applies to crimes involving dishonesty or false statement (ex. perjury, fraud, embezzlement)

-Applies to felonies (crimes punishable by death or more than 1 year in prison)

-Old convictions (If more than 10 years have elapsed)

-Pardons (not admissible)

Question 4

Felonies burden of proof

Answer 4

Generally the court will allow impeachment w/ a prior felony conviction unless the effect substantially outweighs the probative value

For a criminal defendant, its the reverse- allows the conviction only if its probative value outweighs the prejudicial effect

Question 5

Old convictions burden of proof

Answer 5

Only allowed if the probative value substantially outweighs the prejudicial effect

Question 6

Prior inconsistent statements

Answer 6

Can be proved with intrinsic and extrinsic evidence/ if brining in extrinsic evidence, the witness must be given the chance to explain or deny the evidence