Don't Get Crossed Up
Often confused with other forms of character evidence, this is a specific type of impeachment (though it doesn't always go as planned).
What are specific instances of conduct?
While character for truthfulness is permissible in a trial, it can only be introduced once this type of evidence has been admitted.
What is character for untruthfulness?
To be most effective, use the Three Cs of impeachment for this method.
What is prior inconsistent statement?
When the accused's best friend testifies for the defense, trial counsel may use this type of impeachment to attack the witness's credibility.
What is bias?
While counsel may ask a witness about a specific dishonest act, they may only do so during this type of examination.
What is cross-examination?
A conviction can be used to prove a witness's character for untruthfulness may be introduced under this MRE.
What is MRE 609?
The following question best fits in this category of the Three Cs:
"You knew it was important to tell the truth."
What is credit?
When the defense used this type of impeachment, the members were shocked to find out the complaining witness had a boyfriend at the time of the alleged assault.
What is motive to misrepresent?
A witness who denies a specific dishonest act may not be confronted with proof of the dishonest act because this type of evidence is not allowed to prove specific instances of conduct.
What is extrinsic evidence?
This term is generally used to refer to a witness who is called only to introduce evidence of another witness's character for untruthfulness.
What is a character witness?
Extrinsic evidence is permitted for a prior inconsistent statement, but it may only be admitted once this witness has done this when confronted.
What is disagrees?
If biased witness won't admit as much on the stand when confronted, counsel may have to call another witness to establish the bias, called this type of evidence.
What is extrinsic evidence?
Specific Instances of Conduct are permitted under this rule.
What is M.R.E. 608(b)?
When counsel attempt to pre-emptively introduce character for truthfulness before a witness's credibility has been attacked, opposing counsel should stand and make this objection.
What is bolstering?
It may be counterintuitive, but the most important stage of the Three Cs is actually this stage.
What is credit?
This rule allows for impeachment by bias, prejudice, or any motive to misrepresent.
What is M.R.E. 608(c)?