/im-PEECH-muhnt by SHOH-ing BY-uhs and moh-tuh-VAY-shun/
Also known as:impeach by showing bias and motivation · impeachment for bias · bias impeachment · impeachment for bias or motive
Written by attorneys · grounded in primary & secondary sources — see below
A method of attacking a witness's credibility by demonstrating that the witness has a reason to favor one side or shade testimony in a particular way. Evidence of bias is always relevant and may be shown through relationships, organizational memberships, or other interests that create a motive to testify falsely.
Sources & Authorities
How it applies
Common Examples
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Juvenile Probation Status Questioned
Ismael Ibrahim stands trial for assault. The prosecution's main eyewitness, Leo Park, testifies that Ibrahim struck the victim. Defense counsel seeks to cross-examine Leo about his recent juvenile adjudication for attacking a security guard and his probation condition requiring avoidance of further violence-related incidents. The inquiry reveals Leo's incentive to shift blame toward security personnel to protect his probation status.
Gang Membership Reveals Incentive
The government prosecutes Ivan Ivanov for robbery. Its key witness, a former associate, testifies against Ivanov. Defense counsel cross-examines the witness about membership in the same gang as Ivanov, whose rules require members to lie to protect one another. The membership supplies a motive for the witness to favor the prosecution to avoid gang retaliation.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
United States v. Abel469 U.S. 45 (1984)
Common questions
Frequently Asked
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When may a defendant cross-examine a witness about a juvenile record to show bias?+
In a criminal case the Confrontation Clause permits cross-examination about a prosecution witness's juvenile record or probation status when the inquiry is necessary to expose bias or motive to lie. The usual evidentiary protections for juvenile records yield to the defendant's right to test credibility on this point.
Supporting sources
How does impeachment for bias differ from character impeachment?+
Bias impeachment shows a specific reason the witness might favor one side in the present case. Character impeachment attacks the witness's general propensity for truthfulness. Bias evidence is always relevant and is not subject to the same limits that govern prior convictions or dishonest acts.
Supporting sources
May religious beliefs be used to prove bias?+
Religious beliefs or opinions may not be used to attack a witness's general credibility. When membership in a religious organization creates a concrete, defendant-specific motive or hostility, however, the conduct showing that motive may be explored as bias evidence.
Supporting sources
Is bias evidence ever collateral and therefore excludable?+
Bias is never treated as a collateral matter. Courts permit wide cross-examination on any relationship or interest that could cause a witness to shade testimony, subject only to ordinary limits such as undue prejudice or confusion.
Supporting sources
469 U.S. 45 (1984)Evidence
…evidentiary availability of cross-examination for bias. One commentator, recognizing the omission of any express treatment of impeachment for bias, prejudice, or corruption, observes that the Rules “clearly contemplate the use of the above-mentioned grounds of impeachment.” E. Cleary, McCormick on Evidence §40, p. 85 (3d ed. 1984).…
EvidencePresentation of evidence · Impeachment, contradiction, and rehabilitationUBEFoundational