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Impeachment of Witnesses - Coggle Diagram
Impeachment of Witnesses
Prior Inconsistent Statement
Establishing: cross exam or extrinsic evidence UNLESS PINS relates to collateral matter
W must have opportunity to explain/deny
Hearsay allowed only for impeachment
Bias
Establishing: cross exam or extrinsic evidence
W must be questioned on cross regarding the facts that show bias/interest so W has opportunity to explain/deny
Prior Instances of Misconduct
W may be questioned on cross about prior misconduct probative of truthfulness; NO EXTRINSIC EVIDENCE
Can only ask about prior misconduct; must accept W's answer
Opinion or Reputation for Untruthfulness
Prior Conviction
PC involving act of dishonesty: always admissible, includes felonies & misdemeanors
Prior Conviction
Felonies not involving dishonesty
W=D admissible if gov shows probative value outweighs prejudicial effect
W not D admissible but court can exclude under 403 balancing
Misdemeanors: inadmissible unless involves dishonesty/false statements
10 year old rule: convictions more than 10 yrs old
inadmissible UNLESS prob value sub outweighs unfair prejudice & adverse party given notice
more than 10yrs elapsed since date of conviction or date of release (which ever is later)
Sensory Deficiency
Extrinsic Evidence on Collateral Matters
EE may be used to impeach W EXCEPT on collateral matters