NCJ Number
45196
Journal
1OWA LAW REVIEW Volume: 63 Issue: 2 Dated: (DECEMBER 1977) Pages: 433-465
Date Published
1977
Length
33 pages
Annotation
THE IOWA COURTS' WITNESS IMPEACHMENT RULES ARE EXAMINED TO DETERMINE THE EXTENT TO WHICH THEY FACILITATE THE JURY'S SEARCH FOR TRUTH.
Abstract
THE ANALYSIS IS BASED ON THE PRESUMPTION THAT THE DETERMINATION OF TRUTH REQUIRES THAT THE JURY HAVE ALL AVAILABLE RELEVANT INFORMATION AND THAT ALL LIMITING RULES MUST THEREFORE BE JUSTIFIED BY STRONG AUXILIARY POLICY CONSIDERATIONS, SUCH AS ELIMINATION OF UNFAIR SURPRISE, UNDUE PREJUDICE, CONFUSION OF THE ISSUES, OR WASTE OF TIME. THE IOWA SUPREME COURT'S REJECTION OF THE RULE PROHIBITING THE IMPEACHMENT OF ONE'S OWN WITNESS IS EXAMINED. IN REACHING ITS DECISION, THE COURT REJECTED THE VOUCHER THEORY, WHICH HOLDS THAT A PARTY VOUCHES FOR THE CREDIBILITY OF WITNESSES CALLED AND IS THEREFORE BOUND BY THEIR TESTIMONY. THE COURT CRITICIZED THE VOUCHER RULE ON BOTH THEORETICAL AND PRACTICAL GROUNDS. THE ANALYSIS THEN TURNS TO VARIOUS METHODS OF IMPEACHMENT SUGGESTING IMPROVEMENTS THAT COULD BE MADE IN IOWA RULES. FIVE METHODS OF IMPEACHMENT -- ATTACKING THE CAPACITY OF THE WITNESS, SHOWING THE WITNESS TO BE BIASED, INTRODUCING PRIOR INCONSISTENT STATEMENTS, CHALLENGING THE CHARACTER OF THE WITNESS, AND INTRODUCING CONTRADICTORY TESTIMONY -- ARE CONSIDERED. THE DISCUSSION CLOSES WITH A REVIEW OF TECHNIQUES FOR MITIGATING THE EFFECTS OF IMPEACHMENT ATTACKS, THROUGH PRESENTATION OF SUPPORTIVE EVIDENCE. (AUTHOR ABSTRACT MODIFIED--LKM)