Evidence: Credibility And Impeachment

Front 1

Bolstering Witness: Rule

Back 1

Not allowed until after credibility impeached

Front 2

Bolstering witness, exception

Back 2

Prior identifications (FRE exclusion, NY exception)

Front 3

IMpeachment of your own witnesses: MS rule

Back 3

You can do that

Front 4

IMpeachment of your own witnesses: NY rule

Back 4

Not allowed, unless with a prior inconsistent statement, made in writing and signed, or in oral testinony under oath.

In criminal cases only allowed if the witnesses current testimony affirmatively damages your case.

Front 5

7 IMpeachment Methods

Back 5

Prior Inconsistent Statements

Bias

Sensory Deficiencies

Bad Reputation/opinion for truthfulness

Criminal Convictions

Bad Acts (w/out conviciton) impacting a persons chracter for truthfulness

Contradiction

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Front 6

Impeachment methods that may be proven with extrinsic Evidence

Back 6

everything but prior bad acts and collateral contradictory facts

Front 7

When must teh witness be asked about the impeaching fact prior to intorducing extrinsic evidence?

Back 7

MS - for bias

NY - for prior inconsitent statements

Front 8

NY Rule re prior inconsistent statements:

Back 8

Admissible only to impeach.

Front 9

MS Rule re prior inconsistent statements:

Back 9

admissible to impeach, and as Substantive evidence if made orally under oath as part of a formal hearing, proceeding, trial or deposition

Front 10

Sensory Deficiencies: Confrontation required?

Back 10

NO

Front 11

Sensory Deficiencies: Extrinsic evidence allowed

Back 11

YES

Front 12

Bad Reputation/opinion about truthfulness: Confrontation/extrinsic evidence

Back 12

NO, YES

Front 13

COnvcitons permissible to use for impeachment: MS RUle

Back 13

1)Conviction of ANY crime for which the prosecution was required to prove a false statement as an element of the crime. MUST COME IN

2) Conviction of a felony, but it can be exluded in courts discretion.

Both must be form within past ten years (conviciton, or release)

Front 14

COnvcitons permissible to use for impeachment: NY RUle

Back 14

Any witness can be impeached for any crime.

Front 15

COnvcitons permissible to use for impeachment of criminal defendants: NY RUle

Back 15

Court has to hold a hearing to weigh the crimes probative value against its prejudicial efffect

Relevant factors

1) the seriousness of the offense

2) relation to trust and deception

vs.

1) Similarity to charged offense

2) inflammatory nature

Front 16

Questions abotu prior bad acts: MS rule

Back 16

Can be asked abotu prior bad acts if it relats to deicept or dishonestty by confroting witness only

Front 17

Questions abotu prior bad acts: NY rule

Back 17

Witness may be asked abotu any prior bad act that is vicious, criminal or imoral in the courts discretion b/c any sich act "shows the witnesses willingness to puth self interest above that of sociatey and therefore a willingness to ignore the oath"

Front 18

When a prior bad act may be proven with extrinsic evidence

Back 18

when it is relevant for some purpose other than the bad character for truthfulness

Front 19

Two Methods of rehabilitation

Back 19

1) Showing witnesses good character for truthfulness via character witness when implied that they were lying v

2) Pror consistent statement to rebut a charge fo recent fabrication (in NY only admissible to rehabilittate, not as substantive evidence)