Enhance your Bar Exam preparation with Themis Bar Exam Quiz. Use hints and multiple choice questions to sharpen your understanding. Excel in your Bar Exam!

Multiple Choice

When impeaching a witness with prior criminal convictions, is extrinsic evidence of prior inconsistent statements allowed?

The key idea is impeaching a witness by showing a prior inconsistent statement and when you can bring in outside evidence to prove that inconsistency. You may use extrinsic evidence to attack credibility by pointing to an earlier statement that conflicts with the current testimony, but you must first confront the witness with the prior statement and give them a chance to explain or deny it. Only after you’ve laid that foundation—and only for non-collateral matters—may you present extrinsic evidence to prove the inconsistency. So the proper approach is to cross-examine the witness about the prior statement, give them an opportunity to explain or deny, and then, if appropriate, introduce extrinsic evidence to establish the inconsistency. If the prior statement was made under oath in a prior proceeding, it can have substantive effect as well, but that’s a separate issue from impeachment. That’s why extrinsic evidence is allowed, but only after laying the foundation.

The key idea is impeaching a witness by showing a prior inconsistent statement and when you can bring in outside evidence to prove that inconsistency. You may use extrinsic evidence to attack credibility by pointing to an earlier statement that conflicts with the current testimony, but you must first confront the witness with the prior statement and give them a chance to explain or deny it. Only after you’ve laid that foundation—and only for non-collateral matters—may you present extrinsic evidence to prove the inconsistency.

So the proper approach is to cross-examine the witness about the prior statement, give them an opportunity to explain or deny, and then, if appropriate, introduce extrinsic evidence to establish the inconsistency. If the prior statement was made under oath in a prior proceeding, it can have substantive effect as well, but that’s a separate issue from impeachment.

That’s why extrinsic evidence is allowed, but only after laying the foundation.