Character Evidence to Impeach
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the character evidence is admissible to impeach a witness.
Analysis
R: In both civil and criminal cases, character evidence related to a witness’s (1) truthfulness or (2) prior criminal convictions can be used for impeachment.
A: Here, the character evidence is related to a witness’s [truthfulness/prior criminal convictions].
Evidence of a Character for Truthfulness
R: According to FRE 608(a), a witness’s credibility may be attacked or supported by (1) testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or (2) by testimony in the form of an opinion about that character. However, evidence supporting the witness’s truthful character is admissible only after the witness’s character for truthfulness has been attacked.
A: Here, [apply rule to facts].
R: FRE 608(b) allows for inquiry into (3) specific instances of a witness’s conduct on cross-examination if they are probative of the character for truthfulness or untruthfulness, but if the witness denies such acts took place, extrinsic evidence may not be admitted to refute them.
A: Here, [apply rule to facts].
Evidence of a Prior Criminal Conviction
R: FRE 609(a) permits the use of evidence of a witness’s prior criminal convictions to attack their character for truthfulness. Evidence of (1) a prior conviction involving dishonesty or a false statement is always admissible. Evidence of (2) crimes punishable by death or imprisonment for more than one year must be admitted (a) where the witness is not the defendant, and (b) in criminal cases, where the witness is the defendant if the probative value outweighs its prejudicial effect.
A: Here, [apply rule to facts].
R: Under FRE 609(b), (3) convictions older than ten years are admissible only if (a) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect, and (b) the proponent gives the adverse party reasonable written notice of the intent to use it.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, the character evidence is [admissible/inadmissible] to impeach a witness.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].