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In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness. However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior ...
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4] At common law, it is the legal principle that a witness who falsely testifies about one matter is not credible to testify about any matter. [5]
The decision in Morlang has been adopted as a standard for identifying abuse of Federal Rules of Evidence Rule 607, which allows the party calling a witness to impeach that witness's credibility. [6] The Morlang standard was followed by the D.C. Circuit in the case United States v. Johnson [7] and by the Ninth Circuit in the case United States v.
In the United States federal courts, a cross-examining attorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct ...
For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.
The responsibility to evaluate the credibility of eyewitness testimony falls on each individual juror, when such evidence is offered as testimony in a trial in the United States. [6] Research has shown that mock juries are often unable to distinguish between a false and accurate eyewitness testimony.
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...