Also known as: impechiato · impeach
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An archaic verb meaning to accuse or charge with misconduct. The term historically denoted formal accusations against public officials.
An archaic verb meaning to accuse or charge with misconduct. The term historically denoted formal accusations against public officials.
The Attorney General appoints an independent counsel to investigate Theodore Olson. Olson challenges the appointment as violating separation of powers. The Court upholds the statute because it does not impermissibly encroach on executive impeachment authority.
A verb meaning to discredit the veracity of a witness or to challenge the accuracy of testimony or a document through contradiction or bias evidence.
Bridge Design calls curator Melanie to testify about an oral agreement with photographer Brandon. Melanie concedes uncertainty at trial. Bridge Design offers her prior deposition expressing certainty about the agreement. The deposition is admitted to contradict her trial testimony.
Ismael Ibrahim offers to pay Ivan Ivanov $50,000 to settle a contract dispute. Ivanov rejects the offer. At trial Ivanov seeks to introduce the offer to show Ibrahim's inconsistent position on damages. The court excludes the evidence because it was made during compromise negotiations.
A verb meaning to discredit the veracity of a witness or to challenge the accuracy of testimony or a document through contradiction or bias evidence.
Each sense below has its own examples, sources, and questions.
Congress creates the Sentencing Commission with members appointed by the President. Mistretta challenges the delegation as unconstitutional. The Court upholds the structure because it does not improperly transfer impeachment-related powers away from the political branches.
The Senate appoints a committee to take evidence in the impeachment trial of a federal judge. The judge challenges the procedure as violating the constitutional requirement of a Senate trial. The Court holds the procedure permissible because the Senate retains final authority over the impeachment process.
Yes. The Senate may use committees to gather evidence during impeachment trials. The full Senate retains authority to render the final judgment, satisfying the constitutional requirement of a Senate trial.
Iris Irons testifies for Ideal Solutions in a contract suit. India Inoue seeks to cross-examine her about membership in a group whose tenets require members to favor fellow members in disputes. The court permits the inquiry because evidence of bias is always relevant to impeach a witness.
Yes. Any party may attack the credibility of any witness it called. A party may introduce a contradictory deposition or other evidence to show inconsistency without first showing surprise or hostility.
A conviction punishable by more than one year is admissible if its probative value is not substantially outweighed by prejudice in civil cases. Convictions involving dishonesty are admissible without balancing. Older convictions face stricter notice and balancing requirements.
No. Evidence of religious beliefs or opinions is not admissible to attack credibility. Bias arising from organizational membership may be shown even if the organization's tenets are expressed in religious language, provided the inquiry focuses on the bias rather than the beliefs themselves.
Reasonable written notice of intent to use the conviction must be given so the adverse party has a fair opportunity to contest its use. Mere disclosure of the conviction's existence without signaling its intended use for impeachment is insufficient.
…never be used by the prosecution. In fact, statements merely intended to be exculpatory by the defendant are often used to impeach his testimony at trial or to demonstrate untruths in the statement given under interrogation and thus to prove guilt by implication. These statements are incriminating in any meaningful…