The newest volume of The New Wigmore: A Treatise on Evidence, Impeachment and Rehabilitation, is a thorough review of all the rules governing impeachment of witnesses. It deals with impeachment with prior convictions, with prior bad acts, with inconsistent statements, with evidence of bias, and other evidence derogating credibility. Rules about limits on the use of extrinsic evidence to impeach are covered in detail.
The volume also contains a substantial section on the rules governing support and rehabilitation of witnesses. Numerous examples of successful cross-examination and unsuccessful cross-examinations are set forth in order to provide practical guidance to the practitioner
Material covered includes:
- Impeachment by character evidence
- Contradiction
- Interest or influence
- The limits on impeachment.
Chapter 1. The Usefulness Of Cross-Examination
- §1.1 Introduction; Purpose of the Chapter
- §1.2 Cross-Examination in the Trial Manuals: The Low-Risk Approach and Its Basic Maxims
- §1.3 Reinforcement of the Low-Risk Precepts in Law School Simulation Courses
- §1.4 Dominance of the Low-Risk Strategy
- §1.5 Bringing in New Evidence with Low-Risk Cross-Examination
- §1.6 Prophylactic Effect of Cross-Examination in Deterring Deception
- §1.7 Studies Comparing Hearsay Evidence to Cross-Examined Evidence
- §1.8 The Unique Contribution of Cross-Examination in Detecting Deception
- §1.9 Other Benefits of Cross-Examination
- §1.10 The Costs and Harms of Cross-Examination
- §1.11 Policy Implications of the Deception Hypothesis
- §1.12 Trial Cross-Examination in the Context of Associated Procedures Trial
- §1.13 Conclusion
Chapter 2. General Rules Governing Impeachment of Witnesses
- §2.1 Introduction; Categories of Impeachment Evidence
- §2.2 Use of Extrinsic Evidence to Impeach
- §2.3 Requirement of Good-Faith Basis for Cross-Examination
- §2.4 Waiver and Forfeiture of Objections to Impeachment Evidence; Opening the Door; Fighting Fire with Fire
- §2.5 Impeachment with Illegally Obtained Evidence
- §2.6 Impeaching Out-of-Court Declarants
Chapter 3. Impeachment with Character Evidence
- §3.1 General Contours of the Character Evidence Rule
- §3.2 Impeachment with Opinion and Reputation Testimony About a Witness's Character for Truthfulness
- §3.3 Impeachment of a Witness with Extrinsic Evidence of Specific Acts of Conduct That Did Not Result in Conviction
- §3.4 Impeachment with Evidence of Prior Convictions: General Policy Issues
Chapter 4. Contradiction
- §4.1 Impeachment by Contradiction—in General
- §4.2 Using Extrinsic Evidence to Impeach by Contradiction on a Collateral Matter
- §4.3 Collateral Contradiction and Rule 608(b)
Chapter 5. Impeachment With Inconsistent Statements
- §5.1 Impeachment with Prior Inconsistent Statements—In General
- §5.2 The Requirement That a Statement Be “Inconsistent”
- §5.3 Prior Statements of the Witness Who Claims to Have Forgotten the Event
- §5.4 Inconsistent Statements in Opinion Form
- §5.5 Inconsistent Statements as Substantive Evidence
- §5.6 The Requirement of a Foundation for Extrinsic Evidence of an Inconsistent Statement
- §5.7 The Admissibility of Extrinsic Evidence when the Target Witness Admits Having Made the Prior Statement
- §5.8 Must a Written Statement Be Shown to the Target Witness Before Questioning Him About it?
- §5.9 The Exclusion of Extrinsic Evidence of Inconsistent Statements About Collateral Matters
- §5.10 The Interaction of Rules 608(b) and 613(b)
- §5.11 Collateral Impeachment on Cross-Examination (No Extrinsic Evidence)
- §5.12 The Need fora Good Faith Basis for Questions About Inconsistent Statements
Chapter 6. Impeachment by Showing Bias, Interest, or Influence
- §6.1 Introduction; General Theory
- §6.2 Ideological Bias
- §6.3 Witness-Party Relationships
- §6.4 Procedural Matters
Chapter 7. Limits on Impeachment with Evidence of Religion
- §7.1 General Prohibition
- §7.2 Definition of “Religion” for Purposes of Rule 610
- §7.3 Exception to Prohibition Where Proponent of Witness Has Opened Door
- §7.4 Bizarre Individual Beliefs as Evidence of Insanity or Incompetence
- §7.5 Citing Religious Beliefs or Memberships to Show Bias
- §7.6 Other Permissible Uses of Religious Beliefs or Memberships
- §7.7 Application of Rule 610 to Hearsay Declarants
- §7.8 Use of Religious Evidence in Sentencing Hearings
Chapter 8. Impeachment with Evidence of Defects in Capacity
- §8.1 Introduction; General Theory; Extrinsic Evidence
- §8.2 The Borderland of Capacity and Character
- §8.3 Hypnotically Refreshed Memory
- §8.4 Capacity of Hearsay Declarants
Chapter 9. Rehabilitation and Support of Witnesses
- §9.1 Supporting Before Attack; Background Evidence Such as Testimony That the Witness Had No Prior Arrests or Convictions
- §9.2 Supporting a Witness with Evidence of Good Character
- §9.3 Anticipation of Impeachment for Bias; Putting in Plea Agreements on Direct Examination
- §9.4 Support with Evidence of Consistent Statements
- §9.5 Supporting a Forgetful Witness
- §9.7 Cross-Examination of Opinion or Reputation Witness as to Basis
- §9.8 Explaining Inconsistent Statement; Putting Statements in Context
- §9.9 Support Must Meet the Attack
- §9.10 Rehabilitation of Hearsay Declarant
Table of Cases
Table of Federal Rules of Evidence
Table of Other Statutes and Rules
Table of Authorities
Index
Like us
Follow us
Follow us