The most common method of impeaching witness testimony is with a prior inconsistent statement.
For example, if a bystander witness watches an accident, she will give a statement to a police officer at the scene. If she told the officer that the traffic light was red, but later testified that the light was green, her statement in the police report could be used to discredit, or impeach, her testimony.
Hard to impeach or discredit an eye witness.
Be honest.
create doubt in the juries mind . . .Added: . . . . and impeach the witness if possible.
create doubt in the juries mind . . .Added: . . . . and impeach the witness if possible.
Impeachment can refer to different legal concepts. One meaning refers to discrediting a witness by showing that he or she is not telling the truth or does not have a reliable basis for their testimony. Rules of evidence govern what type of questioning may be used to impeach a witness. Generally, unrelated evidence that the person is a" bad person" and therefore untrustworthy, is not allowed. See:http://definitions.uslegal.com/i/impeachment/ As stated above, the rules of evidence apply when attempting to impeach a witness. Therefore - hearsay evidence is NOT admissable for impeachment purposes. Added by: >128.59.182.89< : Hearsay can be used to impeach a witness for the element of truthfullness under prior inconsistent statments, but cannot be used to prove the matter under dispute. A witness may not be called solely for the purpose of being impeached as a way to get otherwise inadmissible hearsay before the jury. SEE DISCUSSION PAGE -
False statements are often used in court, primarily to impeach testimony of a witness by shedding doubt upon his or her verisimilitude. ("if he were willing to lie then, he may be willing to lie now...")
A trial lawyer may use cross-examination to impeach a witness and, thereby, undermine his credibility; on the other hand, the lawyer may use cross to elicit facts from the witness which are favorable to his side. See below link:
Deposition is a legal process where witnesses provide sworn testimony that can be used as evidence in a court case. It allows both parties to gather information before trial, and the testimony given is typically recorded and can be used to impeach a witness if their trial testimony differs.
Yes, if the testimony is to rebut or impeach evidence given in the defense case in chief.
Other than the victim themselves, they are usually the most important witness in the tiral. They are placed under oath and put on the witness stand and quizzed about what they saw. They ARE subject to cross-examination by the other side, in an effort to "shake" their testimony or recollection o fthe event.
impeach
Trial lawyers can use cross-examination to impeach a witness's testimony, thereby undermining the credibility of that witness on that particular point or as part of a general assault on the witness's veracity. But, good cross-examiners will when appropriate use cross-examination to elicit facts favorable to his side from the witness. It is, therefore, not necessarily the best strategy to attack every witness. See, http://www.relentlessdefense.com/relentless-criminal-cross-examination.html