Evidence-Wellborn SU2006 Outline

So with respect to witness other than accused

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: support it and that when her husband learned of this he beat her and broke her leg, necessitating hospital treatment. Judge refused the proffer of testimony considering it extrinsic evidence of "collateral matters". Issue: Is bias of a witness a collateral matter that thereby may not be proved by extrinsic evidence of prior statements under 613(b)? Holding: Bias of a witness is not a collateral issue and extrinsic evidence is admissible to prove that witness had a motive to testify falsely! The right to "place the witness in his proper setting and put the weight of his testimony and his credibility to a test" is an essential safeguard to a fair trial. Notes: Bias: Federal rules do not specifically address impeachment by bias, but the Supreme Court has unequivocally declared that it is a proper impeachment technique. Extrinsic evidence is ordinarily admissible to prove a witness' bias! Thus, an impeaching party is not bound by the witness' answer. Offer of extrinsic evidence may, however, be limited by the trial court pursuant to Rule 403 b/c of its tendency to prejudice the jury, embarrass the witness, or waste time. Bias in Federal Rules: Not included in 613, extrinsic evidence admissible to prove this, no matter what! Key: "Bias of a witness is not a collateral issue and extrinsic evidence is admissible to prove that a witness has a motive to testify falsely." Worth receiving extrinsic, because nothing is more probative on credibility than...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

Ask a homework question - tutors are online