NCJ Number
85561
Date Published
Unknown
Length
0 pages
Annotation
Three Government attorneys discuss Federal Rules 607, 608, 609, 610, 611, 612, and 613 pertaining to witnesses and suggest how prosecuting attorneys can apply them during cross-examination.
Abstract
Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness. Thus, attorneys can introduce background evidence about their witnesses (i.e., as to bias, past convictions) to forestall damaging cross-examinations. However, if impeaching evidence consists of prior inconsistent statements, these statements are inadmissible if they fall under the hearsay rule. Rule 608 states that witnesses can be impeached or rehabilitated by either opinon or reputation evidence as to their veracity. It also permits cross-examination of evidence of specific conduct relevant to a witness's credibility (this is allowed in most State but not Federal courts). Rule 609 defines the types of evidence that can be admitted to damage both defendant and nondefendant witnesses (i.e., evidence of dishonesty or false statements), and Rule 610 forbids attorneys from introducing evidence of a defendant's belief or lack of belief in religion to establish credibility. Rule 610 does allow attorneys to establish membership in a church in order to show bias. Rule 611, which gives judges' discretion to enact whatever rules they need to have fair and efficient trial (i.e., discretion in calling witnesses or in direct cross-examination), may work to the Government's benefit. Rule 612 refers to writing used to refresh a witness's memory, and Rule 613 (the 'turncoat witness rule') pertains to cross-examiners' need to reveal prior inconsistent statements to witnesses. The attorneys cite several court cases illustrating these points. For explanations of Federal Rules 603, 605, and 606, see NCJ 80868.