2.10 EXPLANATORY: IMPEACHMENT OF WITNESS, PRIOR CONVICTION

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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

2.10 Explanatory: Impeachment of Witness, Prior Conviction is a legal process whereby a party in a court of law attempts to discredit a witness's testimony in order to weaken the opposing party's case. This is done by introducing evidence of a prior conviction or other misconduct of the witness. The two main types of impeachment are direct and indirect. Direct impeachment involves introducing evidence of the witness’s prior convictions or other misconduct, while indirect impeachment involves arguing that the witness’s testimony is unreliable or unbelievable. The aim of impeachment is to raise doubts about the veracity of the witness's testimony, and to ultimately weaken the opposing party's case.

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FAQ

Under this provision, evidence of a general felony crime can be used for impeachment purposes only if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant.

Materiality and Admissibility. Exculpatory and impeachment evidence is material to a finding of guilt?and thus the Constitution requires disclosure?when there is a reasonable probability that effective use of the evidence will result in an acquittal. United States v. Bagley, 475 U.S. 667, 676 (1985).

Evidence has been presented that the defendant has heretofore been convicted of (another offense)/(other offenses) distinct from that charged in the information. This evidence is called impeachment evidence, and it is offered to show that the defendant's testimony is not believable or truthful.

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.

With respect to other witnesses, in addition to any prior conviction involving false statement or dishonesty, any other felony may be used to impeach if, and only if, the court finds that the probative value of such evidence outweighs its prejudicial effect against the party offering that witness.

A prior inconsistent statement is a common example where evidence may be offered to impeach a witness, as substantive evidence of a party's case, or both. A prior inconsistent may be offered as substantive evidence?if the statement was made under oath?in federal courts because it is not hearsay. See Fed.

What about impeachment? As with corroboration, a statement is not hearsay if it is offered to impeach a testifying witness. This does not, however, create a ?back door? for admitting the impeaching statement as substantive evidence. See State v.

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.

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2.10 EXPLANATORY: IMPEACHMENT OF WITNESS, PRIOR CONVICTION