What is impeachment?

1. What is impeachment? Do Now: What do you think the legal definition of impeachment is? Answer: Process of destroying the credibility of a witness.

2. 5 main ways to Impeach 1. Attack character (show past crimes, past bad acts or bad reputation). 2. By showing a prior inconsistent statement by W. 3. By showing that the witness is biased 4. By showing that the W has sensory or mental defect 5. Introducing other evidence that contradicts W’s testimony. *Note – pursuant to FRE, a lawyer can impeach her own witness if (1) surprise testimony; (2) hostile witness

3. Impeachment by Prior Criminal Conviction • Crimen falsi – if a crime included as an element of dishonest or false statement, it may be used to impeach W. • Examplesl perjury, false statement, fraud, embezzlement • Felony: • Only applies to criminal defendant • Not involving dishonesty or false statment • Only applies if the court determines the “probative value of admitting this evidence outweighs its prejudicial effect on the accused.” • **above rule only applies to a witness who is a criminal defendant. FRE 403 applies instead, which allows prior conviction to be excluded only if the person opposing the introduction shows that the convictions probative value is “substantially outweighed by the danger of unfair prejiduce.” • Misdeamor • Not involving dishonesty or false statement may not be used at all

4. Impeachment by prior bad acts • Generally permissable although they have not lead to a conviction. However, must be probative of truthfulness. • Cannot be asked about arrests. • No extrinisic evidence: must be introduces solely through cross-examinatio

5. Essential Questions: • What are the 5 main ways to impeach a witness? • What is the rule with prior convictions? • What is the rule with prior bad acts?