Evidence-Wellborn SU2006 Outline

B extrinsic evidence of prior inconsistent statements

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Unformatted text preview: ve methods of impeachment are permitted: Untruthful character: Witness' character for truthfulness may be attacked. Bias: Witness may be shown to be biased or interested, i.e. to have some reason to slant or fabricate his testimony. Prior inconsistent statements: A witness may be shown to have made statements inconsistent with his testimony at trial. Defects of capacity: Witness' capacity to perceive, recall, or relate may be shown to be impaired. Contradiction: The substance of a witness' testimony may be contradicted. Bolstering; rehabilitation: Witnesses are in effect presumed credible, and evidence to enhance their credibility is considered inadmissible as not worth it, UNTIL they have been attacked in some way! o Bolstering (not allowed) = If a person calls witness A who is not attacked and then calls witness B who talks about how credible witness A is, that will draw the objection "bolstering" and witness B's testimony about A's character will be excluded. o Rehabilitation (allowed) = If witness A is attacked, witness B can rehabilitate A by testifying as to A's credibility. Cross-examination versus...
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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.

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