Impeachment of Witness - Prior Bad Acts (F.R.E. 608(b))

• Category: Federal - Jury Instructions - 5th Circuit - Civil - Consideration Particular Kinds Evidence
• State: Multi-State
• Control #: US-3RDCIR-4-24-CR
• Format: Word

Description

Impeachment of Witness - Prior Bad Acts (F.R.E. 608(b)) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions Impeachment of Witness — Prior Bad Acts (F.R.E. 608(b)) is a Federal Rule of Evidence (F.R.E.) that governs the admissibility of evidence concerning a witness' prior bad acts for the purpose of impeaching the witness' credibility. It is important to note that the prior bad act evidence must be relevant to the witness' truthfulness and must be used to impeach the witness' credibility, not to prove any other fact in the case. F.R.E. 608(b) provides that cross-examining a witness about specific prior bad acts is not prohibited and may be used for the purpose of attacking the witness' credibility. However, the prior bad acts may only be used to impeach the witness and not for any other purpose. Additionally, the cross-examining attorney must be able to establish the relevancy of the prior bad acts before the court can consider admitting them. There are two different types of Impeachment of Witness — Prior Bad Acts (F.R.E. 608(b)): direct and indirect. Direct impeachment is the use of a prior bad act to attack the witness' credibility directly. The cross-examining attorney must be able to establish the relevancy of the prior bad act to the case before the court can consider admitting it. Indirect impeachment is the use of a prior bad act to establish the witness' bias or motive for testifying. The cross-examining attorney must still be able to establish the relevancy of the prior bad act before the court can consider admitting it.

Impeachment of Witness — Prior Bad Acts (F.R.E. 608(b)) is a Federal Rule of Evidence (F.R.E.) that governs the admissibility of evidence concerning a witness' prior bad acts for the purpose of impeaching the witness' credibility. It is important to note that the prior bad act evidence must be relevant to the witness' truthfulness and must be used to impeach the witness' credibility, not to prove any other fact in the case. F.R.E. 608(b) provides that cross-examining a witness about specific prior bad acts is not prohibited and may be used for the purpose of attacking the witness' credibility. However, the prior bad acts may only be used to impeach the witness and not for any other purpose. Additionally, the cross-examining attorney must be able to establish the relevancy of the prior bad acts before the court can consider admitting them. There are two different types of Impeachment of Witness — Prior Bad Acts (F.R.E. 608(b)): direct and indirect. Direct impeachment is the use of a prior bad act to attack the witness' credibility directly. The cross-examining attorney must be able to establish the relevancy of the prior bad act to the case before the court can consider admitting it. Indirect impeachment is the use of a prior bad act to establish the witness' bias or motive for testifying. The cross-examining attorney must still be able to establish the relevancy of the prior bad act before the court can consider admitting it.