You can impeach through cross-examination (even your own witnesses) or by extrinsic evidence! (and when I say extrinsic evidence, I'm talking about calling other witnesses or bringing in documents to prove someone is lying)
Limitation to impeachment and hostile witness
Yu can't call a hostile witness solely to impeach them.
In a___ trial, they can use your prior silence to impeach you
civil
However... in a criminal case... you have the right to remain silent
Post-miranda, post-arrest silence _____ be commented on or used to impeach.
CANNOT - cant use prior silence to impeach in criminal trial
Ways to impeach witness:
1. Sensory Competence
-witness did not see or hear as well as they think
2. bias - showing witness has some reason to lie
3. Attacking the witness credibility - Showing witness is dishonest, bad character for truthfulness
You can use extrinsic evidence to prove this.
Sensory competence
- my cousin Vinny bringing in tape measurer to prove old lady couldn't really see the defendant commiting crime
ANY CRIME WHETHER FELONY OR MISDEMEANOR THAT INVOLVES DISHONESTY OR A FALSE STATEMENT
Will be coming in for impeachment
If a conviction occurred over 10 years ago it is only admissible
the probative value of the conviction must substantially outweigh its prejudicial effects
REMEMBER substantial
when a defendant is a witness the
The probative value must outweigh the prejudicial risk and the judge simply has to determine if it's more important than prejudicial.
When the witness is a non-defendantthe prior felony convictions are admissible so long as they
pass the 403 balancing test (will not confuse or mislead the jury, result in unfair prejudice, needlessly present cumulative evidence)
You can bring in the records of their conviction without laying any foundation
When the witness is a non-defendant
If a prior felony conviction occurred under 10 years ago it is admissible unless
the risk of prejudice outweighs the probabtive value
REMEMBER Probative
Over 10 =
Under 10 Defendant =
Under 10 Witness =
Over 10 = Substantial.
Under 10 Defendant = Probative
Under 10 Witness = Not wasting juries time
Prior bad acts regarding honest and truthfulness are
admissible - no extrinsic evidence or people can be brought in for proof
- dont want a trial within a trial
IF THE WITNESS DENIES THE CROSS EXAMINATION BY PRIOR BAD ACTS...