CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Method of Exam: Cross-Exam
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Testing Credibility of Witness
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Case Applications: Criminal
............Credibility Attack Not Permitted
8 Cards On This Topic:
Testifying D may not be impeached at trial with stmts he made before trial to mental health professionals during court-ordered competency exam as such impeachment violates privilege against self-incrimination.
Trial court may impose reasonable limits on defense's cross-examining expert witness based on newspaper articles re nature of charges pending against him.
D not permitted to ask alleged rape V re prior belated rape complaint; complaint only relevant if false and insufficient evidence of falseness to allow speculative questioning.
Evidence that witness was a prostitute properly excluded.
D's 6th Amend. right not violated when he was prohibited from cross-examining V about her website, content of which was not relevant and defense counsel had ample opportunity to cross-examine V and challenge credibility.
Neither cooperating with prosecution nor taking actions to establish own credibility show bias on behalf of DA's witness.
May not cross-examine DA witness about possible former illegal activities where no indication that witness being investigated.
May not compel witnesses to undergo psychiatric examination to determine credibility.