What does Rule 608 mean?
Specifically, Rule 608(b) enables lawyers to ask targeted and damaging questions about a witness’s past bad actions, or specific instances of misconduct, during cross-examination. A strong line of questioning under Rule 608(b) can destroy a witness’s credibility and leave little room for rehabilitation.
What are the five basic methods of impeaching a witness?
showing that a witness made a prior inconsistent statement; 2. showing that a witness is biased; 3. attacking a witness’ character for truthfulness; 4. showing deficiencies in a witness’ personal knowledge or ability to observe, recall, or relate; and 5.
What is extrinsic evidence character evidence?
Extrinsic Evidence – Extrinsic evidence of a witness’s prior inconsistent statement is not admissible unless the witness is first examined about the statement and fails to unequivocally admit making the statement.
When can extrinsic evidence be used?
Evidence that relates to a contract, but is not contained within the document itself (for example, circumstances surrounding the negotiations of the contract). This evidence is not admissible unless there is an ambiguity in the contract. See: parol evidence rule.
Does FRE 608 apply to defendants?
No Waiver of Privilege Finally, Rule 608 states that a witness (including the defendant) who testifies does not waive the privilege against self-incrimination regarding matters related solely to credibility.
What is impeachment testimony?
At trial, impeachment is the process of attacking the accuracy of witnesses’ testimony. For example, if a witness’s testimony at trial contradicts her earlier sworn statements, one or both parties might bring up the sworn statement to impeach her testimony.
How is impeachment evidence used?
Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
Why is circumstantial evidence important?
Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference.
What is the difference between parol evidence and extrinsic evidence?
In this article, we will use the term “parol evidence” to refer to pre- contract words of one or both of the parties. We will use the term “extrinsic evidence,” and not the term “parol evidence” to refer to usage, to any other evidence outside the writing, and to evidence other than the words of the parties.
Is witness testimony extrinsic evidence?
Bias, interest or other motives to testify falsely are not considered collateral and may usually be proved by extrinsic evidence.