Evidence law Lecture 3 (of 3): Impeachment, Privileges, and Expert Testimony

Let's break down the main points of Evidence Law, focusing on how to challenge witnesses, protect confidential info, use expert testimony, and navigate those tricky hearsay exceptions.

I. Impeachment: Discrediting a Witness

The main goal here is to show that a witness isn't reliable, is biased, or can't keep their story straight. We have rules (FRE 607-609) that lay out how to do this.

Prior Inconsistent Statements: If a witness says one thing now but said something different earlier, that's a red flag. For example, saying "I saw the defendant at the crime scene" in court but telling the police "I didn't see the defendant that night" earlier makes them look unreliable. These statements aren't considered hearsay if they're only used to show the witness isn't credible.

Bias or Motive to Lie: If a witness has a reason to favor one side—like being the defendant's best friend or getting paid to testify—their testimony might be biased. Evidence of bias is always relevant.

Conviction of a Crime: If a witness has been convicted of a felony or a crime involving dishonesty, that can be used to challenge their credibility. Crimes of dishonesty are always fair game, while felonies can be used if they're relevant enough to outweigh any potential prejudice. Convictions older than 10 years are generally off-limits.

Reputation for Untruthfulness: If a witness has a reputation for lying, that can be used against them. This is usually done through testimony from others about the witness's character.

II. Privileges: Protecting Confidential Conversations

Certain relationships—like those between attorneys and clients or spouses—come with the right to keep communications private. These privileges aren't absolute and have exceptions.

Attorney-Client Privilege: Anything said between a lawyer and client for legal advice is protected. So, if a client confesses to their lawyer, the lawyer can't reveal that info. The client is the one who holds this privilege, but there are exceptions like if the communication was about committing a crime or fraud.

Spousal Privileges:

Spousal Immunity: In criminal cases, spouses can't be forced to testify against each other