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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 .
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution.
The fact that witnesses called by the panel didn’t back up the GOP’s stated intention to impeach Mr Biden left a poor impression on Republican operatives who spoke to The Independent on ...
Following the vote to impeach a president, the U.S. Senate holds a trial to determine whether or not to convict the president of the crime(s) identified by the House.
The Hitchcock Rule (also known as the "Collateral Rule") is a common law rule forbidding the introduction of extrinsic evidence to contradict a witness on a collateral matter. [4] [5] [6] That is, impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods such as questioning. [7]
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