1. CHAP. 8: IMPEACHMENT P. JANICKE 2012

2. Chap. 8 -- Impeachment2 DEFINITION AND METHODS IMPEACHMENT IS THE PROCESS OF ATTEMPTING TO WEAKEN THE PERCEIVED CREDIBILITY OF A WITNESS MOST COMMONLY DONE ON CROSS AT LEAST SIX METHODS OF IMPEACHMENT, EACH WITH ITS OWN RULES LIMITING REACH

3. 2012Chap. 8 -- Impeachment3 MEANING OF “EXTRINSIC EVIDENCE” DOING THE IMPEACHMENT BY –CALLING A WITNESS TO IMPEACH THE TARGET WITNESS, OR –INTRODUCING A DOCUMENT TO DO SO

4. 2012Chap. 8 -- Impeachment4 THE GENERAL MODES ARE ATTACKS ON THE WITNESS’S BELIEVABILITY DUE TO SOME GENERAL WEAKNESS AS A WITNESS I.E., A WEAKNESS NOT LIMITED TO THIS PARTICULAR CASE

5. 2012Chap. 8 -- Impeachment5 1.PROVE IMPAIRED GENERAL COMPETENCY –UNABLE TO OBSERVE OR REMEMBER THINGS IN GENERAL, NOT LIMITED TO THIS CASE –EXTRINSIC EVIDENCE IS ALLOWED

6. 2012Chap. 8 -- Impeachment6 2. POOR CHARACTER FOR VERACITY a. BAD REPUTATION FOR TRUTHFULNESS – EXTRINSIC EVIDENCE ALLOWED, BUT NO SPECIFICS b. PRIOR DISHONEST NON-CONVICTION ACTS, ESTABLISHED ON CROSS. EXTRINSIC EVIDENCE IS NOT ALLOWED

7. 2012Chap. 8 -- Impeachment7 3.CONVICTION OF A CRIME –ANY CRIME INVOLVING DISHONESTY NO WEIGHING PROBATIVE VALUE OR PREJUDICE –ANY FELONY, BUT SUBJECT TO WEIGHING PROBATIVENESS AGAINST RISK OF PREJUDICE –TEN-YEAR LIMIT IN EITHER CASE

8. 2012Chap. 8 -- Impeachment8 –IF THE WITNESS ADMITS TO IT, CANNOT USE EXTRINSIC EVIDENCE TO PROVE THE CONVICTION –IF THE WITNESS DOES NOT ADMIT, CAN USE RECORD ONLY (NO ADD’L WITNESS) – CRIME; DATE OF CONVICTION; SENTENCE. NO DETAILS

9. 2012Chap. 8 -- Impeachment9 SPECIFIC MODES ATTACKS ON THE CREDIBILITY OF THE WITNESS IN THIS CASE ONLY THESE ASSUME THAT IN GENERAL THE WITNESS MIGHT HAVE GOOD VERACITY

10. 2012Chap. 8 -- Impeachment10 MODES OF SPECIFIC IMPEACHMENT 4.PROVE IMPAIRED SPECIFIC COMPETENCY, i.e., ON THE OCCASION IN QUESTION –DRUNK –NIGHT-TIME –LOOKING THE OTHER WAY –EXTRINSIC EVIDENCE ALLOWED

11. 2012Chap. 8 -- Impeachment11 5.BIAS OR PREJUDICE –FRIEND OR RELATIVE OF A PARTY –E.G.: BUSINESS OBJECTIVE IF ONE SIDE WINS –E.G.: SIMILARLY SITUATED NEIGHBORS –EXTRINSIC EVIDENCE ALLOWED

12. 2012Chap. 8 -- Impeachment12 6. PRIOR INCONSISTENT STATEMENT OF A WITNESS –EXTRINSIC EVIDENCE ALLOWED; BUT --- –MUST AFFORD TARGET WIT. A CHANCE DURING TRIAL TO EXPLAIN THE INCONSISTENCY THEREFORE, CAN’T USE THIS MODE IF WITNESS HAS BEEN EXCUSED AND IS BEYOND SUBPOENA REACH

13. PROBLEMS/CASES Abel 8A Lipscomb 8E Exercise #7 2012Chap. 8 -- Impeachment13

14. 2012Chap. 8 -- Impeachment14 WHO CAN BE IMPEACHED ? ANY WITNESS WHO ANSWERS ANY QUESTION PLACES HIS CREDIBILITY IN ISSUE, AND CAN BE IMPEACHED CAN IMPEACH YOUR OWN WITNESS

15. 2012Chap. 8 -- Impeachment15 CAN IMPEACH AN IMPEACHING WITNESS A NON-TESTIFYING PARTY GENERALLY CANNOT BE IMPEACHED

16. 2012Chap. 8 -- Impeachment16 SERIATIM IMPEACHMENT METHODS ARE GENERALLY ALLOWED, SUBJECT TO DISCRETION ON WASTE OF TIME MOST COMMONLY DONE WHEN FIRST METHOD FAILS

17. 2012Chap. 8 -- Impeachment17 EXAMPLE #1 : D. TESTIFIES ON CROSS, PROSECUTOR TRIES TO SHOW PRIOR DISHONEST ACTS – FALSE INCOME TAX RETURN D. DENIES/ADMITS FILING FALSE RETURN PROSECUTOR CAN NOW SWITCH TO CONVICTION OF A CRIME MODE (FILING FALSE RETURN)

18. 2012Chap. 8 -- Impeachment18 EXAMPLE #2 IMPEACH A WITNESS FIRST WITH PRIOR DISHONEST ACTS (CROSS) THEN WITH FELONY CONVICTIONS THEN WITH PRIOR INCONSISTENT STATEMENTS

19. 2012Chap. 8 -- Impeachment19 SOME SURPRISING THINGS NON-MIRANDIZED STATEMENT CAN BE USED TO IMPEACH A TESTIFYING D. PRE-MIRANDA-WARNING SILENCE CAN BE USED TO IMPEACH A TESTIFYING D.

20. 2012Chap. 8 -- Impeachment20 ILLEGALLY SEIZED ITEMS CAN BE USED TO IMPEACH A TESTIFYING D. –E.G.: ILLEGALLY SEIZED SHIRT WITH NIFTY CUT-OUTS –E.G.: ILLEGALLY SEIZED COCAINE ALL 3 OF ABOVE ARE SAID TO BE NECESSARY TO PROTECT INTEGRITY OF TRIAL SYSTEM

21. PROBLEMS/CASES Webster Harris Jenkins Havens 8G 2012Chap. 8 -- Impeachment21