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IMPEACHMENT AND REHABILITATION

IMPEACHMENT AND REHABILITATION. ARKANSAS LEGAL AID October 17, 2013 by MICHAEL JOHNSON and PAULA CASEY. IMPEACHMENT. BIAS PRIOR CONVICTION (FRE 609) PRIOR BAD ACT (FRE 608(b)). IMPEACHMENT. REPUTATION/OPINION: UNTRUTHFULNESS (FRE 608(a)) PRIOR INCONSISTENT STATEMENT (FRE 613).

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IMPEACHMENT AND REHABILITATION

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  1. IMPEACHMENT AND REHABILITATION ARKANSAS LEGAL AID October 17, 2013 by MICHAEL JOHNSON and PAULA CASEY

  2. IMPEACHMENT • BIAS • PRIOR CONVICTION (FRE 609) • PRIOR BAD ACT (FRE 608(b))

  3. IMPEACHMENT • REPUTATION/OPINION: UNTRUTHFULNESS • (FRE 608(a)) • PRIOR INCONSISTENT STATEMENT (FRE 613)

  4. PRIOR INCONSISTENT STATEMENTS • COMMIT • TO CURRENT FACTUAL ASSERTION YOU WANT TO ATTACK • CREDIT • PRIOR STATEMENT • CIRCUMSTANCES OF TAKING • SETTING • REASONS TO TRUST TRUTHFULNESS • CONFRONT • WITH CONTRADICTION

  5. IMPEACHMENT • ALWAYS USE LANGUAGE CONSISTENT WITH YOUR POINT OF VIEW • IRONY IS HARD • SUBTLETY LOST • SACRASM MISSED • e.g., • “It is your statement that…” • “You say…” • “According to you..”

  6. Rehabilitation • Should you do it? • What do you do? • How do you do that?

  7. Rehabilitation--what to do • Return to theme • Clear up confusion • Punish unfairness by opposing counsel • Allow witness to explain

  8. Rehabilitation—how to do it • Scope of examination • Limited to cross examination • If you exceed the limit— • Objection, (or worse) • Re-cross examination!

  9. Rehabilitation—how to do it • Form of Questions • Non-Leading • “Directing” Questions • “You were asked . . .” • “Please explain what you meant by…”

  10. Rehabilitation--Prior Statements • Context within a single statement • Was all of it read? • Context with other statements • Prior consistent statements • Pre-date any motive to fabricate

  11. Rehabilitation—prior statements • “Counsel read to you this portion of your prior statement: ‘[quote]’” • “Please read the remainder of the statement to the jury”

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