What should I remember about Impeachment (Evidence) for the exam?

Impeachment (Evidence)

Impeachment is the process of attacking witness credibility through prior inconsistent statements, bias, sensory defects, character for untruthfulness, and prior convictions, governed by FRE 607-609.

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Exam Tip

BICCC-P: Bias, Inconsistent, Character, Convictions, Contradiction, Perception. Dishonesty crimes = always in.

What is Impeachment?

FRE 607: Any party may attack any witness's credibility.

Methods

Method	Rule
Prior Inconsistent	FRE 613
Bias/Interest	Common law
Sensory Defects	Common law
Character for Untruthfulness	FRE 608
Prior Convictions	FRE 609

FRE 609: Prior Convictions

Type	Rule
Dishonesty/False Statement	Always admissible
Felony (other)	Balancing test
Against Accused	Probative must outweigh prejudicial
Over 10 Years	Must substantially outweigh

FRE 608(b)

Specific instances on cross-examination only - no extrinsic evidence.

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Related Terms

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 801(c) and California Evidence Code Section 1200 because the declarant cannot be cross-examined.

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