Impeachment
On cross-examination, the attorney may want to show the court
that the witness should not be believed. A witness' credibility may be
impeached by showing evidence of the witness' character and conduct, prior
convictions, and prior inconsistent statements. If the witness testifies
differently from the information in their sworn affidavit, it may then be
necessary to "impeach" the witness. That is, the attorney will want
to show that the witness previously said something that contradicts the
testimony on the stand.
Impeachment Procedure
Impeachment may be done by comparing what a witness says on
the witness stand at trial to what is contained in the witness' affidavit. By
pointing out the differences between what a witness now says and what the
witness' affidavit says, the attorney shows that the witness has contradicted
himself or herself.
Who May
Impeach?
Any party,
including the party calling the witness, may attack the credibility of a
witness by:
1. Introducing statements of the witness which are
inconsistent with his/her present testimony;
2. Showing that the witness is biased;
3. Attaching the character of the witness in accordance
with the state mock trial competition rules of evidence and procedure;
4. Showing a defect of capacity, ability, or opportunity
in the witness to observe, remember, or recount the matters about which he/she
testified; and
5. Proof by other witnesses that material facts are not
as testified to by the witness being impeached.
Conviction
of Certain Crimes as Impeachment
A party may
attack the credibility of any witness, including an accused, by evidence that
the witness has been convicted of a crime if the crime was punishable by death
or imprisonment in excess of 1 year under the law under which he was convicted,
or if the crime involved dishonesty or a false statement regardless of the
punishment, with the following exceptions:
1. Evidence
of any such conviction is inadmissible in a civil trial if it is so remote in
time as to have no bearing on the present character of the witness.
2. Evidence
of juvenile adjudications is inadmissible under this subsection.
Prior
Statements of Witness
1. When witness is examined concerning his prior written
statement or concerning an oral statement that has been reduced to writing, the
court, on motion of the adverse party, shall order the statement to be shown to
the witness or its contents disclosed to him.
2. Extrinsic evidence of a prior inconsistent statement
by a witness is inadmissible unless the witness is first afforded an
opportunity to explain or deny the prior statement and the opposing party is
afforded an opportunity to interrogate him on it, or the interests of justice
otherwise require. If a witness denies making or does not distinctly admit that
he has made the prior inconsistent statement, extrinsic evidence of such
statement is admissible. This subsection is not applicable to admissions of a
party-opponent.
3. Re-direct and re-cross examination/questioning. If the
credibility or reputation for truthfulness of the witness has been attacked on
cross-examination, the attorney whose witness has been damaged may wish to ask
several more questions. These questions should be limited to the damage the
attorney thinks has been done and should be phrased so as to try to
"save" the witness' truth-telling image in the eyes of the court.
Re-direct examination is limited to issues raised by the attorney on cross-examination.
Re-cross examinations follows re-direct examination but is limited to the
issues raised on re-direct only and should avoid repetition. The presiding
judge may exercise reasonable control over questioning so as to make
questioning effective to ascertain truth, avoid needless waste of time, and
protect witnesses from harassment.