Question 1

Why would you not want to attempt to impeach every witness's testimony?

Accepted Answer

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Question 2

Which of the following are false about a witness who has been granted immunity?

Accepted Answer

The statement "The witness is still subject to prosecution if the same information that the witness testified to can be found somewhere else" is false. Once a witness has been granted immunity, they cannot be prosecuted for any information or testimony they provide, regardless of where the information was obtained.

Question 3

When can a witness bring in character evidence of his or her good character?

Accepted Answer

A witness can only bring in evidence of his or her good character if he or she is attacked for having bad character. This is because character evidence is generally not admissible unless it is directly relevant to the case, and evidence of a witness's good character is unlikely to be relevant unless the witness's character has been called into question.

Question 4

Explain how a witness can be telling the truth,but may,nonetheless,impeach himself or herself.

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Question 5

Which of the following are not types of immunity?

Accepted Answer

Conditional immunity is not a recognized type of legal immunity. Blanket immunity, transactional immunity, and use and derivative use immunity are all types of legal immunities that can be granted in various legal contexts.

Question 6

When may a witness invoke the privilege against self-incrimination?

Accepted Answer

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Question 7

Who can determine if the witness may claim the privilege against self-incrimination?

Accepted Answer

The judge has the authority to determine if a witness may claim the privilege against self-incrimination, as they interpret and apply the law in court.

Question 8

Which is not true about a witness who has changed his or her story?

Accepted Answer

A witness who has changed their story can be impeached through various means, such as presenting inconsistent statements and cross-examination. However, the witness's reputation for truthfulness cannot rehabilitate them in the eyes of the jury or judge if they have already given conflicting testimony. Therefore, choice C is not true.

Question 9

Which of the following are covered by the privilege against self-incrimination?

Accepted Answer

The privilege against self-incrimination applies to testimonial compulsions, meaning a person cannot be compelled to give testimony that would incriminate themselves. The other options, such as performing physical acts or giving physical evidence, do not fall under the privilege against self-incrimination. Exhibiting a defendant before a jury also does not directly relate to the privilege against self-incrimination.

Question 10

Name the four forms of evidence permitted to prove the trait of character relating to untruthfulness.

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Question 11

Name the four elements of witness capacity and an example of how each could aid in the impeachment of a witness.

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Question 12

What are five reasons why a witness may not tell the truth?

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Question 13

Which of the following is untrue about prior inconsistent statements?

Accepted Answer

The statement in option B is untrue. Miranda warnings do not need to be shown to have been given prior to the statement being made for it to be admissible for impeachment. However, if the statement was made while in custody, the prosecutor must show that the defendant was given Miranda warnings before making the statement. The other options are true. Option A is true because if the prior inconsistent statement was made while in custody, Miranda warnings need to be shown to have been given. Option C is also true because Miranda warnings are not required for a prior inconsistent statement to be admissible for impeachment. Option D is true because a pretrial statement by the defendant can be admitted as a prior inconsistent statement for impeachment purposes, even if it is not independently admissible as an admission by a party opponent.

Question 14

Which of the following is true about prior consistent statements?

Accepted Answer

Prior consistent statements are generally not admissible to rehabilitate a witness because they do not add any additional credibility to the witness's testimony. The witness's consistency with their prior statements may simply indicate that they have a good memory or that they have rehearsed their testimony, rather than indicating their truthfulness. However, there are some exceptions where prior consistent statements may be admissible, such as to rebut a claim that the witness recently fabricated their story or to rehabilitate a witness whose credibility has been attacked.

Question 15

What is the definition of a crime involving dishonesty or false statements?

Accepted Answer

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Question 16

What factors are not taken into account when determining whether a witness may invoke the privilege against self-incrimination?

Accepted Answer

Factors such as whether the witness could have committed the crime, whether the statute of limitations has run, and the immediate setting of the testimony and other witness's testimony are all taken into account when determining whether a witness may invoke the privilege against self-incrimination. However, whether the answer will affect the witness's credibility and subject him or her to impeachment is not a factor considered when deciding whether to allow the privilege.

Question 17

Murphy v.Waterfront Commission held that

Accepted Answer

Murphy v. Waterfront Commission held that if a state grants immunity to a witness, the Fifth Amendment's protection against self-incrimination applies not only in federal court but also in state court. Therefore, the federal government is bound by the state's immunity and may not compel the witness to testify in a federal prosecution. This is because the Constitution's Supremacy Clause requires federal courts to honor state-granted immunities.

Question 18

Which of the following is true about inconsistent statements?

Accepted Answer

Inconsistent statements refer to a statement made by a witness that contradicts an earlier statement made by them. Option A is incorrect as inconsistent statements can be made in any context, not just under oath. Option B is also incorrect as inconsistent statements do not need to be true to be relevant. Option C is incorrect as even if the statement was obtained in violation of the defendant's constitutional rights, it can still be used to impeach the defendant. Option D is correct, as a statement made by another defense witness can be considered an inconsistent statement if it contradicts the defendant's testimony.

Question 19

Why are a witness's biases allowed to discredit his or her testimony without the cross-examiner being required to prove that the witness is not credible,has contradicted his or herself,has bad character,or make an inconsistent statement?

Accepted Answer

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Question 20

What are the five basic methods of impeaching a witness?

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Quiz 6: Credibility and Impeachment