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Evidence law Lecture 3 (of 3) (Part 2): Impeachment, Privileges, and Expert Testimony
Impeachment, Privileges, and Expert Testimony
VI. Impeachment
A. Methods of Impeachment
Prior Inconsistent Statements
Used to challenge witness credibility.
Not hearsay if used only for impeachment.
Bias or Motive to Lie
Evidence showing a witness has reason to favor one side.
Conviction of a Crime
Felony or crime involving dishonesty may be used for impeachment.
Reputation for Untruthfulness
Witness’s general character for dishonesty may be attacked.
VII. Privileges
A. Attorney-Client Privilege
Protects confidential communications between attorney and client.
Exceptions:
If the client is seeking legal advice to commit a crime or fraud.
If the client waives the privilege.
B. Spousal Privileges
Spousal Immunity
A spouse cannot be forced to testify against the other spouse in criminal cases.
Applies only during the marriage.
Marital Communications Privilege
Protects confidential communications made between spouses during the marriage.
Survives divorce.
VIII. Expert Testimony
A. Qualifications and Reliability
Expert must have specialized knowledge beyond that of an average person.
Two main standards for reliability:
Daubert Standard (Federal & some states):
The theory/methodology must be peer-reviewed, tested, have a known error rate, and be generally accepted.
Frye Standard (Some states):
The methodology must be generally accepted in the scientific community.
B. Use of Expert Testimony
Must assist the trier of fact in understanding evidence.
Cannot state a legal conclusion (e.g., "The defendant was legally insane").
Cross-examination: Opposing counsel may challenge methodology, bias, or credibility.
Published on 10 months, 2 weeks ago