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Presentation of Evidence - Impeachment

  1. what is impeachment
    calling into question the witness’s credibility
  2. Difference between character and impeachment
    • Character= bad things defendant did
    • Impeachment – bad things witness did
  3. How can you impeach ?
    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)
  4. Limitation to impeachment and hostile witness
    Yu can't call a hostile witness solely to impeach them.
  5. 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
  6. Post-miranda, post-arrest silence _____ be commented on or used to impeach.
    CANNOT - cant use prior silence to impeach in criminal trial
  7. 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
  8. 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
  9. ANY CRIME WHETHER FELONY OR MISDEMEANOR THAT INVOLVES DISHONESTY OR A FALSE STATEMENT
    Will be coming in for impeachment
  10. 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
  11. 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.
  12. When the witness is a non-defendant the 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)
  13. You can bring in the records of their conviction without laying any foundation
    When the witness is a non-defendant
  14. If a prior felony conviction occurred under 10 years ago it is admissible unless
    • the risk of prejudice outweighs the probabtive value
    • REMEMBER Probative
  15. Over 10 =

    Under 10 Defendant =

    Under 10 Witness =
    Over 10 = Substantial.

    Under 10 Defendant = Probative

    Under 10 Witness = Not wasting juries time
  16. 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
  17. IF THE WITNESS DENIES THE CROSS EXAMINATION BY PRIOR BAD ACTS...
    YOU JUST HAVE TO ACCEPT THE DENIAL AND MOVE ON
Author
dwrght16
ID
364146
Card Set
Presentation of Evidence - Impeachment
Description
Presentation of Evidence - Impeachment
Updated

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