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11 Cards in this Set
- Front
- Back
Impeachment by specific acts of misconduct
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Cross-examination only, no extrinsic evidence (MBE & NY)
Only allowed if act is probative of truthfulness (MBE) Allowed if immoral, vicious, or criminal act that affects credibility (NY) |
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Impeachment by conviction of crime: how to prove when allowed
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Cross-examination or extrinsic evidence, no foundation necessary.
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Impeachment by conviction of crime: when allowed (MBE)
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Only allowed if 1) crime involving dishonesty, or 2) felony, but ct may exclude if witness is criminal D and prosecution has not shown that conviction's probative value outweighs prejudicial effect
Not allowed if more than 10 years since date of conviction or release from confinement |
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Impeachment by conviction of crime: when allowed (NY)
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Conviction of any crime may be shown or inquired about.
Admission of conviction on cross-examination does not preclude further questioning about the criminal act that was the basis of the conviction. If witness is criminal defendant, entitled to pretrial probative/prejudicial hearing (Sandoval) |
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Prior inconsistent statements
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Must be given an opportunity to explain or deny the prior inconsistent statement
In NY: must be given chance to explain while still on the stand (must be proven through intrinsic x-exam BEFORE it can be proven extrinsically). Federal: timing more flexible; may be proven by extrinsic evidence, so long as the witness is later given an opportunity to return to the stand and explain. |
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Reputation or Opinion Evidence for bad character for truthfulness
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Cross-examination ("did you know"/"have you heard") or extrinsic evidence, no foundation necessary.
In NY, may only take the form of reputation, not opinion. Evidence of specific acts not allowed. |
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Sensory Deficiencies
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Cross-examination or extrinsic evidence, no foundation necessary.
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Bias, Interest, or Motive to Misrepresent
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Extrinsic evidence is permissible, but foundation requirement: must first be asked about facts on cross-examination
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Contradiction: showing witness lied or screwed up on direct
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If contradiction goes to issue that significant to the case, then it may be proven by extrinsic evidence.
If the contradiction goes to a matter that is collateral (insignificant to the issues in the case or to the witness's credibility) then proof is limited to intrinsic evidence. |
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Impeachment of Own Witness (NY)
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Voucher rule: In NY only, the party who calls a witness may NOT impeach that witness.
Exceptions: A party may impeach its own witness with a prior inconsistent statement that was 1) Made in writing and was signed by the witness; or 2) Made in oral testimony and was under oath. But in a criminal case, this exception may be used only if the witness's current testimony is "affirmatively damaging" to the party who called the witness, not merely a "cloud on credibility." |
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Impeaching Own Party: Multistate
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Any party may impeach
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