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impeachment Tag

Discrediting Eyewitness Testimony

Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here. Questioning About the Accuracy of a Witness’s Memory One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or...

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What Is Impeachment Evidence?

What Is Impeachment Evidence

In criminal cases, lawyers use various types of evidence to question the accuracy of witnesses’ testimony. The process is called impeachment. Various different kinds of impeachment evidence may show that a witness is not being truthful, such as if prior statements to the police contradict testimony on the stand, or that a witness was not able to observe what happened, such as if the witness has poor vision. Oklahoma law permits lawyers to use specific types of evidence for impeachment purposes. Lawyers may question the witness they are trying to impeach, or they may question a different person to impeach a...

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Anonymous Witnesses in Criminal Cases

Anonymous Witnesses in Criminal Cases

Do you have the right to confront anonymous witnesses used by the prosecution in a criminal trial? A recent federal court case posed this question when anonymous witnesses testified in court. At the trial, several witnesses testified against the accused, who allegedly smuggled an illegal immigrant across state lines. The prosecution claimed that these witnesses faced a safety risk by testifying, so their true names and identities were concealed from the accused and her attorney. While her attorney was able to cross-examine the witnesses and received information about their criminal histories and the benefits they received from assisting law enforcement, the...

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