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Impeachment

Impeachment. Caroline Goldner Cinquanto Adjunct Professor Temple University, Beasley School of Law. Five Types of Impeachment. Bias Prior convictions Prior bad acts PIS Character. Foundation for Prior Inconsistent Statements. Commit Credit Confront. COMMIT.

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Impeachment

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  1. Impeachment Caroline Goldner Cinquanto Adjunct Professor Temple University, Beasley School of Law

  2. Five Types of Impeachment • Bias • Prior convictions • Prior bad acts • PIS • Character

  3. Foundation for Prior Inconsistent Statements • Commit • Credit • Confront

  4. COMMIT Why? Nail down the in-court lie & remind the jury. How? Verbatum. Legal pad for dramatic effect. If necessary change witness’ in court statement to match PIS. Example

  5. CREDIT Why? To give the PIS weight. How? Depends on the Statement. • Depositions • Police Reports • Unsworn Statements Example

  6. CONFRONT Why? ‘Cause it’s fun. How? Verbatum. Don’t ask witness to read. Example

  7. TODAY Red Fast Northbound MAY 5, 2011 Green Slow Southbound

  8. Impeachment by Omission • When crediting PIS, crucial to establish it would have been in there. • “When you were certain that there was no mistakes or MISSING FACTS you signed it?” • Red Pen

  9. Evidentiary Status • Hearsay with no exception: Can be used for the limited purpose of impeachment but is not substantive evidence (cannot be argued for its truth). • Hearsay exception: Can be used to impeach and is substantive evidence (can be argued for its truth). FRE 801(d)(2) admission; FRE 801(d)(1)(A) under oath.

  10. Refreshing Recollection • Aggressive Refresh

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