Impeachment

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Impeachment
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Impeachment

• You must consider is it worth doing?
• Many times it is not worth it to impeach on
  collateral matters
• Must be structured and simple
• Why you impeach to show the witness should not
  be believed
• Get good stuff before you attack

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Simplicity IS Necessary For the Jury or Judge to
Be Able to See It
Commit
Credit
Confront
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Prior Inconsistent Statement

• 3 Steps
• Commit (recommit)
• Commit the person to the fact asserted on direct
• Be exact, dont paraphrase more likely to agree
• Credit (the prior statement)
• Building up the importance of the prior statement
• Confront (the witness)
• You read the statement
• Usually, it is less effective to have the witness
  read the statement
• They wont emphasize the same things.
• If it is a lengthy statement, tell opposing
  counsel the page number

11/11/2013
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J. C. Lore - Rutgers Law
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The Dance

• Commit
• You testified that . . .

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The Dance Cont . . .

• Credit
• Court reporter was there
• Took an oath
• Same oath as today
• Reviewed transcript
• Signed transcript
• Closer in time to incident . . . .

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Dance Cont . . .

• Have exhibit marked for identification
• Show to opposing counsel
• Speak to the record
• Ask permission to approach
• Show document to the witness
• Speak to the record
• Have witness ID document
• Read the statement to the witness
• You ask Did I read that correctly?

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Particular Problems

• Multiple facts Impeach one at a time
• Dont need to go back and credit the prior
  statement each time
• You do need to recommit
• If you are not attacking the witness, but you
  want to show they are forgetful
• Skip the recommitting

11/11/2013
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J. C. Lore - Rutgers Law
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Particular Problems Continued

• Witness denies making statement
• Testimony and under oath
• Opposing counsel will usually stipulate to its
  admission
• If not, you need to bring in the court reporter
• Have them identify and admit their stenographic
  notes
• Written statement handwritten or signed by the
  witness
• Can call any witness who saw the witness write or
  sign
• Have the witness identify the document
• Read it to them
• Oral statement in a police report
• Generally, you cant impeach with the police
  officers report
• You need to call the police officer to perfect
  impeachment

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Omission

• Almost the same
• Build up the expectation/duty