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Article 6 Witnesses Outline

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ARTICLE VI: WITNESSES:FRE 607: Who May Impeach: The credibility of a witness may be attacked by any party, including the party calling the witness o Five types of impeachment
? Bias: Witness' like/dislike or fear of party, or witness' selfinterest
? CL, not in FRE, but allowable under FRE
? Basically always relevant
? Abel: Witness' and party's common membership in organization probative of bias o Type of organization also relevant to show source and strength of bias, e.g. Aryan Brotherhood is secret group promoting lying and self-protection
? Limit to scope of questioning on organization under FRE 403, e.g. name of organization and consequences of?

violating rules overly prejudicial No limit on use of extrinsic evidence to show bias

Manske: o Self Interest: D claims Pszeniczka fabricated testimony to frame him o Fear: D claims Coburn and Campbell corroborated P's false story because he hadthreatened them Sensory perception: Physical or mental condition of witness that leads to inability to perceive accurately/to provide credible?testimony based on something perceived Character for credibility: FRE 608/609 Prior inconsistent statement: FRE 613 Contradiction: something that witness said in testimony is not trueGenerally proved by extrinsic evidence o Can be prior inconsistent statements---but if they are offered for contradiction, they are offered for

the truth of the matter asserted and require hearsay exceptions o Can be other evidence
? E.g. OJ testifies he would never buy such ugly shoes, but he is impeached by contradiction when the prosecution presents his receipt for the Bruno Maglishoes No contradiction on collateral matters: Contradiction evidence should have relevance aside from its impeaching effect o Tends to prove a substantive point, e.g. the shoes were O.J.'s above o Tends to contradict and to prove another impeaching point, e.g. Bias: witness said he met driver for first time after accident, but they had really been dating for a year
? Collateral/not allowed e.g. Witness said he saw accident when returning from drugstore, but drugstore was not openthat day. FRE 608: Evidence of Character and Conduct of Witness (Character for Credibility): o FRE 608(a): Opinion and Reputation evidence of character:
? Credibility of a witness may be attacked or supported by evidence in form of opinion or reputation, subject to limitations:
? FRE 608(a)(1): Evidence may refer only to character fortruthfulness or untruthfulness AND FRE 608(a)(2): Evidence of truthful character admissible only after character of witness for truthfulness has been attacked by opinion or reputation

evidence or otherwise (by bias, e.g.) o FRE 608(b): Specific Instance of (Non-Conviction) Conduct:
? Other than conviction of crime (FRE 609), may not be proved by extrinsic evidence

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