Impeachment — Bad Character for Truthfulness (F.R.E. 608(a)) is a rule of evidence that allows a party to attack the credibility of a witness by introducing evidence of the witness’s bad character for truthfulness. This type of impeachment is governed by Federal Rule of Evidence 608(a). The rule states that evidence of a witness’s pertinent trait of character may be used to attack or support the witness’s credibility. The witness’s bad character for truthfulness is a pertinent trait of character that can be used to impeach the witness. The evidence that can be used to impeach the witness must be relevant to the witness’s character for truthfulness and must be based on personal knowledge. There are two types of impeachment — Bad Character for Truthfulness (F.R.E. 608(a)): direct and indirect. Direct impeachment involves a party introducing evidence of the witness’s prior bad acts related to truthfulness. Indirect impeachment involves a party introducing evidence of the witness’s reputation for truthfulness in the community.
Impeachment - Bad Character for Truthfulness (F.R.E. 608(a))
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Federal Rules of Evidence ? Rule 608 On cross-examination, you can challenge a character witness's opinion by asking about specific contrary conduct and you can attack a witness's credibility by asking about that witness's past lies.
DESTROYING A WITNESS' CREDIBILITY Show contradictions between their pre-trial testimony and trial testimony. Exposing their 'little white lie' Showing a witness didn't know the answer during deposition but suddenly at trial they know all the answers.
A witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
Rule 609 provides that, with certain restrictions, a witness may be impeached witrh evidence of two kids of criminal convictions: (1) felonies, regardless of their nature; and (2) misdemeanors involving crimes of dishonesty and false statement, such as check deception and perjury.
Expert witnesses can be impeached if they contradict themselves or are confronted by a contradictory statement from an authoritative work in the field. Credibility is the overriding issue in witness testimony, and it depends upon the appearance and impression of truth as perceived by the jury.
A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.