How do you impeach cross examination?
In practice, there are three steps (commit, credit, confront) to impeachment through the use of a prior inconsistent statement:
- Commit. Get the witness to recommit to the testimony that the witness gave on direct examination.
- Credit. Get the witness to a credit the source of the prior statement.
Can you enter evidence on cross examination?
Only use cross examination for the introduction of exhibits, however, when an opposing witness is the only one able to lay the proper foundation for an exhibit. Admitting exhibits during cross examination is difficult and should be avoided if possible.
How do you impeach extrinsic evidence?
If collateral, determine whether the impeachment is based on bias, interest or disposition. If so, then the witness must first be confronted with the extrinsic evidence before it is offered, giving an opportunity to deny or explain it. If denied, then the matter may be proven by extrinsic evidence.
How do you impeach a witness with a deposition?
- First, impeach with only one fact at a time.
- Second, when impeaching with prior sworn testimony, you must read the questions and answers verbatim.
- Third, be mindful of your tone.
- Fourth, do not impeach with facts taken out of context.
How to impeach a witness with prior testimony?
When impeaching with prior sworn testimony, never ask the witness if he ‘remembers’ giving the prior testimony– he will probably say no. Tell him he gave it. Always impeach with tight, leading questions which compel the witness to give an affirmative answer. Do not show the witness the prior statement until you must.
Can a witness be impeached as to a collateral fact?
Common law collateral fact rule: impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods. The attorney must accept the answer of the witness The attorney may, however, press or “sift” the witness within reasonable bounds. Rule of Evidence 609 supersedes the collateral fact rule as to prior convictions:
What are the rules of the impeachment process?
Impeachment Usually Involves the Use of Otherwise Inadmissible Evidence The impeachment rules concern the use of otherwise inadmissible evidence, such as hearsay and acts of bad character, for the limited purpose of impeachment. For example:! Evidence that the defendant has a criminal record may be admissible solely to impeach.
When to use intrinsic or extrinsic evidence for impeachment?
When impeachment is sought on a matter that is material to the case, the facts may be established by intrinsic or extrinsic evidence. Intrinsic: Cross examination, pressing or sifting Extrinsic: Other witnesses Records, other exhibits Materiality:
Can a witness be impeached with a prior inconsistent statement?
One of the most common forms of impeachment during cross-examination at trial is with a prior inconsistent statement, such as deposition or affidavit testimony. The objective of impeachment is to establish that the witness is not a trustworthy witness, hence the reason it is referred to as attacking the witness’s credibility!
What is the collateral fact of witness impeachment?
Common law collateral fact rule: impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods. The attorney must accept the answer of the witness The attorney may, however, press or “sift” the witness within reasonable bounds Rule of Evidence 609 supersedes the collateral fact rule as to prior convictions:
How is evidence used in the impeachment process?
Impeachment refers to all methods of undermining a witness’s credibility so that the jury gives less weight to the witness’s testimony. See, e.g., State v. Ward, 338 N.C. 64, 97 (1994). Some methods of impeachment are expressly authorized by the evidence rules.
Can a criminal conviction be used to impeach a president?
For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (2) involved dishonesty or false statement regardless of the punishment.