IMPEACHMENT BY EVIDENCE OF A CRIMINAL CONVICTION For the purpose of attacking

Impeachment by evidence of a criminal conviction for

This preview shows page 38 - 41 out of 134 pages.

IMPEACHMENT BY EVIDENCE OF A CRIMINAL CONVICTION . For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted, but only if the crime was a felony or involved moral
Image of page 38
2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 33 turpitude, regardless of punishment, and the court determines that the value of this evidence as reliable proof outweighs its prejudicial effect to a party. Crimes of moral turpitude are crimes that involve dishonesty or false statements. These crimes involve the intent to deceive or defraud, such as forgery, perjury, counterfeiting and fraud. Example: “Have you ever been convicted of criminal possession of marijuana?” Objections: “Objection. The prejudicial effect of this evidence outweighs its usefulness.” “Objection. The prior conviction being testified to is not a felony or a crime involving moral turpitude.” c. Re-Direct Examination Rule 308: LIMIT ON QUESTIONS . After cross-examination, up to three, but no more than three questions, may be asked by the attorney conducting the direct examination, but such questions are limited to matters raised by the attorney on cross-examination. The presiding judge has considerable discretion in deciding how to limit the scope of re-direct. NOTE: If the credibility or reputation for truthfulness of the witness has been attacked on cross-examination, the attorney whose witness has been damaged may wish to ask several more questions. These questions should be limited to the damage the attorney thinks has been done and should be phrased so as to try to “save” the witness’s truth -telling image in the eyes of the court. Re-direct examination is limited to issues raised by the attorney on cross-examination. Please note that at times it may be more appropriate not to engage in re- direct examination. Objection: “Objection. Counsel is asking the witness about matters that did not come up in cross - examination.” d. Re-Cross Examination Rule 309: LIMIT ON QUESTIONS . Three additional questions, but no more than three, may be asked by the cross-examining attorney, but such questions are limited to matters on re-direct examination and should avoid repetition. The presiding judge has considerable discretion in
Image of page 39
2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 34 deciding how to limit the scope of re-cross. Like re-direct examination, at times it may be more appropriate not to engage in re-cross-examination. Objection: “Objection. Counsel is asking the witness about matters that did not come up on re - direct examination.” e. Argumentative Questions Rule 310: Questions that are argumentative should be avoided and may be objected to by counsel. An argumentative question is one in which the cross-examiner challenges the witness about his or her inference from the facts, rather than seeking additional facts.
Image of page 40
Image of page 41

You've reached the end of your free preview.

Want to read all 134 pages?

  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors