NCJ Number
84341
Date Published
Unknown
Length
0 pages
Annotation
This lecture discusses witness impeachment procedures allowed by the Federal Rules of Evidence, with attention to the credibility issues.
Abstract
While four impeachment rules are based on competence reqirements, others are characterized by matters which are introduced to demonstrate the witness's lack of credibility without bearing on the subject of the testimony. They raise the issue of collateral to be decided by the court requiring good faith basis for questioning during cross-examination. Attorneys may show the witness's bias, prejudice, interest, or corruption. They may bring the witness's prior conviction to the attention of the court, therefore devastating a defendant's testimony. Some states hold that this strategy may not be used to impeach defendants, since it deprives them of the right to a fair trial. Another impeachment method is to cite unconvicted prior bad acts by the witness, in which case the nature of the act must have some relationship to credibility. Impeachment may also be brought about by the witness's prior inconsistent statement (oral or written), for which the cross-examiner is traditionally required to lay a foundation. The final method involves no cross-examination questions to the witness. Instead, a 'reputation' witness may be called to cite negative gossip and personal opinion that discredits the former witness. The purpose of redirect examination is to bolster an impeached witness's credibility by putting the discrediting information in context or by calling a positive reputation witness. For additional witness impeachment/cross-examination rules, see NCJ 84339-40.