Evidence-Wellborn SU2006 Outline

has nothing to do w whether or not she can be

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Unformatted text preview: e. If all you do is bring out that the witness has a relationship to the party, that would slant their testimony; that's not regarded as character attack...there has to be a suggestion of corruption of some kind (ex: That you are lying for financial gain rather than you are employed by the party inferring that you will get some benefit by testifying on their behalf). Impeaching a Witness Capacity [Not mentioned in Article VI, thereby is governed by 401 - 403: GENERAL NOTES: A witness may be attacked by showing that he suffered from an infirmity that affected his ability to perceive the event in question, now suffers from an infirmity that affects his ability to testify accurately, or suffered an intervening disability that affected his memory. May also be impeached by establishing that he lacked opportunity to observe the event. Sources of defects in capacity: Mental illness or infirmity that impairs the witnesses' ability to comprehend, know, and correctly relate the truth!! Alcohol or drug use by the witness o Near the time of the event or while testifying Witness' bad eyes...
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