Any party including the party that called the witness

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Any party, including the party that called the witness, may attack the witness’s credibility. Evidence should generously be allowed in for impeachment purposes, even if it would be inadmissible otherwise. The tests it should usually overcome are 401 (Relevancy) and 403 (Prejudice, etc. Exclusion). o For example: 806. Attacking and Supporting the Declarant When a hearsay statement — or a statement described in Rule 801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross- examination. o Hearsay declarants can be impeached to the same extent as a witness whether they are on the stand or not. Also, you can impeach a dead person. Page 23 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar Illegally obtained evidence can be admitted for impeachment, but only for impeachment, if reliable and passes 403. Extrinsic Evidence o 608(b). A Witness’s Character for Truthfulness or Untruthfulness (b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2) another witness whose character the witness being cross-examined has testified about. o Extrinsic evidence can be used, for example, to question the witness’s capacity. Impeachment of Sincerity, Perception, Memory, or Narration o Impeachment for capacity is always relevant. It can be limited if cross examiner lacks reasonable basis. o Religion 610. Religious Beliefs or Opinions Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility. o Sincerity Polygraph Evidence It is generally inadmissible. It cannot be used to bolster evidence, which would make it per se grounds for reversal. People v. Gard . Scientific techniques are subject to flexible standards to see if the technique is reliable. It must show that techniques were reached from recognized scientific methods of research. Daubert v. Merrell Dow Pharmaceuticals . Per se inadmissibility is constitutional and does not violate the 6 th Amendment. U.S. v.
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