In a criminal trial, the prosecutor's key eyewitness is impeached on cross-examination when the defense establishes that the witness was previously convicted of making false statements. After this impeachment, what is the best method for the prosecutor to rehabilitate the witness's credibility?
Argue in closing that the jury should disregard the witness's prior conviction when evaluating testimony.
Emphasize that the prior conviction is unrelated to the events of the current case.
Move to strike or exclude the evidence of the prior conviction after it has been admitted.
Call another witness who can testify to the impeached witness's reputation for honesty or give an opinion that the witness is truthful.
Under Federal Rule of Evidence 608(a), once a witness's character for truthfulness has been attacked-such as through a conviction involving dishonesty-the party that called the witness may offer reputation or opinion evidence that the witness is truthful. The most direct way to do so is to call another witness who can testify about the impeached witness's good reputation for honesty or give an opinion that the witness is truthful. Simply arguing about the prior conviction or attempting to exclude it does not supply admissible rehabilitative evidence.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does it mean to impeach a witness?
Open an interactive chat with Bash
What does 'rehabilitating a witness' involve?
Open an interactive chat with Bash
What types of evidence can be used for rehabilitating a witness?