lawyer how to impeach a police officer

If a person, any person, testifies materially different than a prior statement, whether written (such as a police report) or oral, you can impeach them with the contents of that statement by asking them if they "isn't it true that on X date you made the following statement."

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What to do if the officer has been impeached?

 · Nonetheless, it can be done. Here is a three-step approach that may be helpful. STEP ONE: OBTAIN FAVORABLE POLICE TESTIMONY: In order to expose false testimony, the arresting officers should be subjected to cross examination early in the case, when their memories are still fresh and they have not had a chance to be prepared by the prosecutor ...

How does a lawyer impeach a witness?

 · If a person, any person, testifies materially different than a prior statement, whether written (such as a police report) or oral, you can impeach them with the contents of that statement by asking them if they "isn't it true that on X date you made the following statement." If they say yes, then you have successfully impeached the person and can argue as such to the …

Can a private citizen be impeached as an officer?

 · According to experienced criminal lawyers, Culshaw Miller Criminal Lawyers, the arresting officer’s testimony in any DUI case can be devastating. It’s important to mitigate their impact to achieve desirable results at trial. The following tips are easy to set up, inexpensive, and will hopefully achieve their goal of bringing balance to the arresting officer’s testimony.

What is impeachment in criminal defense?

Congress's power of impeachment is an important check on the executive and judicial branches, recognized by the Framers as a crucial tool for holding government officers accountable for violations of the law and abuses of power. 3 Footnote See The Federalist Nos. 65, 81 (Alexander Hamilton) (Clinton Rossiter ed., 1961).

Can cops be impeached?

An appeals court ruled this week that crime reports falsified by law enforcement officers can be used to impeach the officers' credibility in unrelated criminal cases.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.

What are some strategies for defense attorneys wishing to impeach a witness?

Lawyers impeach witnesses by using one or more of several approaches, some of which are explained below.Impeaching a Witness Through Prior Inconsistent Statements. ... Impeaching a Witness by Showing Bias or Personal Interest. ... Impeaching a Witness With Character or Reputation Evidence.More items...•

What are the five basic methods of impeaching a witness?

showing that a witness made a prior inconsistent statement; 2. showing that a witness is biased; 3. attacking a witness' character for truthfulness; 4. showing deficiencies in a witness' personal knowledge or ability to observe, recall, or relate; and 5.

What is a Brady violation?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.

What is the Brady Rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What evidence can be used to impeach?

Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.

In what grounds can a witness be impeached?

(1) The credibility of a witness may be impeached by evidence that has a tendency in reason to discredit the truthfulness or accuracy of the witness's testimony. (2) Evidence of impeachment may be used in the cross- examination of a witness.

How do you discredit a witness testimony?

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

What does it mean to impeach a police officer?

Consequently, a police officer (like anyone else), may be impeached by any evidence that has a tendency in reason to discredit the truthfulness or accuracy of his/her testimony (See NYRE 6.11[1]).

Can you use hearsay to impeach?

Whether or not an out-of-court statement is hearsay depends on the purpose for which it is offered. If it is offered to prove the truth of the matter, it is hearsay. If offered only to impeach (i.e., discredit) a witness, then it is by definition not hearsay.

What makes a witness hostile?

A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.

What is the significance of the Giglio decision for law enforcement officers?

Under Brady-Giglio, when a police officer is called as a witness for a law enforcement agency, the prosecutor must disclose impeachment evidence,meaning any evidence that “casts a substantial doubt upon the accuracy” of the witness testimony.

Who was John Giglio?

John Giglio joined Freedom Boat Club in 2004 as operations manager, becoming co-owner and president of the Club in 2011, and was sole owner, president and CEO until its sale in 2019. He earned a B.S. in Business Administration from Florida Southern College and an MBA from the University of South Florida.

Does the defense have to disclose evidence to prosecution?

The prosecution has a statutory duty to disclose any prosecution material which has not previously been disclosed which might reasonably be expected to be capable of undermining the prosecution case or assisting the case for the defendant. See Practice Note: Obtaining disclosure of unused evidence.

What happened in United States v agurs?

Rule: If a prosecutor fails to voluntarily disclose exculpatory evidence, and if the omitted evidence creates a reasonable doubt that did not otherwise exist, constitutional error has been committed under the Due Process Clause of U.S. Const. amend.

What is the power of impeachment?

Congress's power of impeachment is an important check on the executive and judicial branches, recognized by the Framers as a crucial tool for holding government officers accountable for violations of the law and abuses of power. 3. Footnote.

Which article of the Constitution gives Congress the power to impeach the President?

Footnote. The Constitution contains a number of provisions that are relevant to the impeachment of federal officials. Article I , Section 2, Clause 5 grants the sole power of impeachment to the House of Representatives; Article I , Section 3, ...

State Impeaches His Sister

State calls a police officer who says sister did tell him defendant choked the victim.

The Way It Went Down

In the State’s cross-examination, the State asked her the following question:

Then The Officer

It should be remembered that the only matter at issue when the State called the officer was to complete its impeachment of the sister by establishing through the officer’s testimony that he had a conversation with the sister in which the sister told him that the defendant choked her friend, the victim, twice.

This Was Wrong

No objection was made to the officer’s testimony despite there being multiple problems with it.

Why This Is The Rule

The inherent danger posed by such cross-examination questions is that the jury will ignore the witness’ denial, make a presumption that the insinuation created by the questions is accurate, and substitute the presumption for proof.

The Way It Should Have Gone

Actually, the better phrasing of the question to the sister to lay the foundation for a later impeachment would have been for the State to have asked its question as follows:

With The Officer

Thus, in the present case, to complete the sister’s impeachment, the State was required to call the officer, the impeaching witness, to testify in rebuttal.

How to impeach a witness?

Impeaching a Witness Through Prior Inconsistent Statements. Confronting a witness with that person’s own statements that are at odds with the person’s testimony is a very common way to impeach the witness. But the opposition can’t just introduce the statement without giving the witness a chance to explain. The court may require that the lawyer ...

Can a witness be impeached?

Impeaching a Witness. Litigants can challenge the credibility of opposing witnesses—even their own witnesses—in a number of ways, including by showing the judge or jury that the witness made inconsistent statements in the past. When someone testifies under oath in a hearing, trial, or deposition, the other side will typically challenge ...

What are the steps of impeachment?

One of the most popular is the “three Cs,” confirm, credit, and confront. Alternatively, the three steps have been described as follows: repeat, build up, impeach. Whatever way you choose to remember the three steps of impeachment by prior inconsistent statement, the process is the same.

Can impeachment be changed?

When used properly, impeachment by prior inconsistent statement can change the outcome of a trial. A botched attempt, however, can leave you with egg on your face in front of the jury. Even worse, a failed attempt could look like you took a cheap shot at a witness. A short review of this funda­mental skill can get you a long way.

Can a witness admit to making a prior inconsistent statement?

First, the witness may admit making the prior inconsistent statement . If this happens, you are done. Although OEC 613 (2) does not prohibit introduction of extrinsic evidence of a prior inconsistent statement after a witness admits making it, such evidence is cumulative and likely to be excluded under OEC 403. State v.

What is the second step in a prior statement?

The second step is to credit, or build up, the prior statement. There are two purposes for this step. First, it is to show that the prior statement was more reliable and accurate. Second, it is to establish a foundation that will allow you to use extrinsic evidence of the prior inconsistent statement. OEC 613 (2).

Impeachment With a Prior Inconsistent Statement

This type of impeachment arises when one of the witnesses testifies to something that is different from what appears in your discovery.

Impeachment By Omission

The opportunity to impeach by omission arises when a witness testifies to something at trial for the first time. In the context of a criminal trial, this usually means that a police officer has attributed a statement to your client that appears in none of the police reports.

Conclusion

In the trial arena, nothing gets your blood pumping like impeachment. Get comfortable with it, and you will soon look forward to the little embellishments that some witnesses just can’t keep from making during their testimony.