During a trial, there are times when an attorney (usually the opposition) attempts to impeach a witness by challenging the person’s credibility. It’s basically a direct attack on the character of the person who is testifying.
Witness impeachment often occurs during cross examination and is done to influence the jury into believing that the statements made by the person testifying in court are false and should be disregarded.
The judge has the final say and can disallow or allow the impeachment of the witness.
Below are the various ways in which an attorney may try to impeach a witness:
- Inconsistent statements. A lawyer may try to confront a witness by proving that the person’s statements are inconsistent with their previous testimony or statements.
- Showing bias or personal interest. An attorney may attempt to prove that the witness has a personal interest in the case or the outcome will affect the witness directly; therefore, their testimony should not be considered as valuable information.
- Past criminal convictions. This is used to let the jury know that the witness has previously broken the law and their statements should not be believed due to their past history.
- Character and reputation evidence. A lawyer can call other witnesses to testify against the character and reputation of the witness.
Often, the rules of court require the lawyer to tell the judge how he or she is going to impeach the witness. The judge will then decide if the impact on the jury will outweigh the value in calling the credibility of the witness into question.