Impeachment of Defendant — Prior Bad Acts (F.R.E. 608(b)) is a legal procedure in which a defendant’s credibility is challenged by introducing evidence of their past acts. This procedure is allowed under the Federal Rules of Evidence (F.R.E.) 608(b). The goal of this procedure is to inform the jury that the defendant has a history of bad behavior so that they can make an informed decision about the reliability of their testimony. There are two types of impeachment of a defendant based on prior bad acts. The first type is direct impeachment, which occurs when the evidence of the defendant’s past acts is used to directly contradict their testimony in court. The second type is indirect impeachment, which occurs when the evidence of the defendant’s past acts is used to indirectly suggest that their testimony may be unreliable. The use of prior bad acts to impeach a defendant is highly controversial, and is subject to various restrictions. For example, the evidence must be related to truthfulness or untruthfulness, and must be more probative than prejudicial. Additionally, the court must make a determination of relevance before the evidence can be admitted.
Impeachment of Defendant - Prior Bad Acts (F.R.E. 608(b))
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FAQ
The Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials.
Impeachment is the process of introducing circumstantial evidence that suggests to the jury a likelihood that the witness does not understand the need to tell the truth, is mistaken, is incomplete, or is lying.
Rule 608(b) is an explicit acknowledgement that every witness who testifies places their character for truthfulness or untruthfulness at issue. An effective cross-examination, therefore, should seek to invoke Rule 608(b) broad grant of authority to test a witness's general character for truthfulness.
A witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
: to charge with a crime or misconduct. specifically : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office. Note: Impeachment is the first step in removing an officer from office.
Federal Rules of Evidence ? Rule 608 On cross-examination, you can challenge a character witness's opinion by asking about specific contrary conduct and you can attack a witness's credibility by asking about that witness's past lies.
Finally, Rule 608 states that a witness (including the defendant) who testifies does not waive the privilege against self-incrimination regarding matters related solely to credibility.
Although the rule does not forbid all use of convictions to impeach a defendant, it requires that the government show that the probative value of convictions as impeachment evidence outweighs their prejudicial effect.