ABSTRACT

The right of defendants to confront their accusers is exercised through cross-examination of witnesses, whether the witnesses are accusatory or neutral. Cross-examination is the principle means by which the defendant’s attorney challenges the reliability and credibility of the prosecution’s witnesses, and the cross-examiner is permitted to explore and test the perception, memory, bias, interest, and credibility of the witness. To impeach the credibility of a witness, the examining attorney may do so through the following methods:

1. Showing that the witness has been convicted of a crime

2. Questioning the witness about his or her prior immoral, vicious, or criminal acts that tend to show that the witness is not worthy of belief

3. Showing that the witness is biased for or against a party

4. Showing that the witness has made prior statements inconsistent or contradictory to his or her current testimony

5. Showing the witness’ bad reputation for truth and veracity

The attorney may attempt to introduce such evidence through crossexamination or by presenting extrinsic evidence through other witnesses.