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11 Cards in this Set

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  • Back
Impeachment by specific acts of misconduct
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)
Impeachment by conviction of crime: how to prove when allowed
Cross-examination or extrinsic evidence, no foundation necessary.
Impeachment by conviction of crime: when allowed (MBE)
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
Impeachment by conviction of crime: when allowed (NY)
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)
Prior inconsistent statements
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.
Reputation or Opinion Evidence for bad character for truthfulness
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.
Sensory Deficiencies
Cross-examination or extrinsic evidence, no foundation necessary.
Bias, Interest, or Motive to Misrepresent
Extrinsic evidence is permissible, but foundation requirement: must first be asked about facts on cross-examination
Contradiction: showing witness lied or screwed up on direct
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.
Impeachment of Own Witness (NY)
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."
Impeaching Own Party: Multistate
Any party may impeach