Purchase Solution

Federal Rules of Evidence and Impeaching a Witness

Not what you're looking for?

Ask Custom Question

The principal restriction of impeachment by the use of evidence of misconduct can result in a conviction of a witness. Explain this concept.

Purchase this Solution
Solution Summary

This solution of over 1200 words explains the Federal Rules of Evidence Section 608(b) and Section 609 regarding impeaching a witness based on the witness' conduct. This solution should be able to provide a student with the theoretical substance in order for them to write an essay regarding the principal restriction of impeachment by the use of evidence of a witness' misconduct.

Solution Preview

The Federal Rules of Evidence Rules 608(b) and 609 addresses the concept of impeaching a witness based on the witness' conduct.

Rule 608 states:
Rule 608. Evidence of Character and Conduct of Witness:

(b) Specific instances of conduct.--Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters which relate only to credibility.
(Pub. L. 93-595, § 1, Jan. 2, 1975, 88 Stat. 1935; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988.)

Explanation of Rule 608:

• Generally, a principal witness' (the accused) or other witness' past conduct can be used to impeach their testimony if it is directly related to their truthfulness or untruthfulness.
• The exception to Rule 608 is past criminal convictions which is addressed in FRE 609 below.
• Extrinsic evidence can not be used to impeach the witness.
• Definition of Extrinsic Evidence: Evidence regarding a witness' conduct obtained from other witness' testimony or evidence not directly related to the accused's truthfulness or untruthfulness.
• Inquiry regarding conduct that addresses witness' truthfulness or untruthfulness is allowed during the cross-examination of the principal witness (accused) or of a character witness testimony regarding the principal witness (accused) or of another ...

Purchase this Solution
Free BrainMass Quizzes
Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

Title VII Laws

Learn the basics of the laws under Title VII.

Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Evidence

Do you know your evidence objections? Find out with this quiz!

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

View More Free Quizzes
Related BrainMass Solutions

  • Expert Witness

    Is there a standard by which an expert witness must testify? A3. Two U.S. Supreme Court cases and a change in Rule 702 of the Federal Rules of Evidence changed the way in which expert witnesses can testify in federal court.

  • "relevant" or "irrelevant" when applied to evidence

    Federal Rules of Evidence Rule 402 states that, "Relevant evidence is generally admissible; irrelevant evidence is inadmissible" (www.law.cornell.edu).

  • State and Federal Court Actors

    This includes hearing witness testimony, the rules of evidence (admission of evidence), and the overall order of the court. 7) Public Defender - a lawyer who is appointed by the court/judge to represent a defendant who can not afford to hire an attorney

  • The Admissibility of Character Evidence in trial

    500351 The Admissibility of Character Evidence The Federal Rules of Evidence give guidelines for when evidence about a person's character may be considered admissible in court. 1) What do you think the purpose for having guidelines about the admissibility

  • Criminal Procedures and Evidence Types

    commercial paper and related documents are, to one extent or another, self authenticating under either California law or the federal rules.

  • Legal issues associated with witnesses

    The Best Evidence Rule Impacts hearsay prohibitions by requiring an original writing, recording, or photograph that is required in order to prove its content unless these rules or a federal statute provides otherwise.

  • De minimis communications and the Brady rule

    Federal Rules of Civil Procedure.

  • 6 Steps in Criminal Procedures

    Define evidence. What types of evidence exist? What are the rules for evidence in criminal procedure? Describe examples of when evidence might be either detrimental or inconsequential to a case?

  • Biometrics in Criminal justice

    In reference to the Daubert standard, it is predicated upon Federal Rules of Evidence wherein the Court dictated that these rules of evidence would govern the admissibility of scientific evidence and supplant the Frye standards' acceptance test.

View More Related Solutions