In a criminal trial, the prosecution calls a witness who has a close friendship with the victim. The defense attorney believes the witness's testimony will be unfairly slanted due to this relationship. Under the Federal Rules of Evidence, what is the primary method for the defense to challenge this witness's testimony?
Object to the testimony as inadmissible character evidence under FRE 404.
Request that the judge sequester the witness under FRE 615.
File a pretrial motion to have the witness disqualified from testifying due to the friendship.
Cross-examine the witness about their friendship with the victim to show potential bias.
Under the Federal Rules of Evidence, bias is not a ground for disqualifying a witness. FRE 601 presumes that every person is competent to be a witness. Instead, a witness's credibility may be attacked by any party, per FRE 607. A witness's friendship with a party or victim is a classic form of bias, suggesting a potential motive to testify in a particular way. The proper method to address this is not to exclude the witness but to impeach their credibility through cross-examination, which allows the jury to assess the weight and credibility of the testimony in light of the potential bias. Filing a motion to disqualify is improper, sequestration under FRE 615 serves the different purpose of preventing witnesses from hearing each other, and bias is distinct from character evidence.
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What is actual bias in the context of witness testimony?
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What are the Federal Rules of Evidence (FRE)?
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How can the defense challenge a witness's credibility during cross-examination?