Tuesday audio. Shana Tova to all who celebrate.
Prep the problems for Introduction to Impeachment, then move to Character, Bias. As you go through them, get precise as to which aspect of credibility you are talking about, whether it is collateral or non-collateral, and how to prove it (extrinsic or non-extrinsic or both). Note the overlap and the possible movement between categories.
Quick points of clarification:
1) Non-extrinsic evidence is the target witness' testimony--what the witness says in response to a question asked by the attorney. So if you ask a target witness "isn't it true that you said Y in the past?" and the witness says "yes," that is testimony, and thus non-extrinsic evidence, impeaching by prior inconsistent statement. If you ask a target witness "isn't it true that you have cataracts and were not wearing your glasses?" and the witness says "yes," that is testimony, and thus non-extrinsic evidence, impeaching by perception.
2) The prior inconsistent statement used to impeach is something that the witness said off the stand in the current case. It is not inconsistency within the testimony given in the current case. It is inconsistency with what he says on the stand and what he has said off the stand at some other time.
