CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Testing Credibility of Witness
.........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.