Chapter 4 - §2. Scope & limits of impeachment & rehabilitation

• Jurisdiction: United States

§2. Scope & limits of impeachment & rehabilitation

§2.1. General scope. Subject to some statutory and constitutional exceptions and limitations, in evaluating a witness's credibility, the trier of fact can consider "any matter" that has any tendency in reason to prove or disprove the truthfulness of the witness's testimony" Evid. C. §780. Fact-finders must evaluate every witness with an "appraising eye," without concern for the person's status. Schmidt v. Superior Ct. (2d Dist.2020) 44 Cal.App.5th 570, 586. Thus, matters that may not be evidence in a technical sense can be considered in assessing a witness's credibility. 7 Cal. Law Revision Comm'n Rep. (1965) p. 1130. Some of the nonexclusive factors provided by Evid. C. §780 that the trier of fact can consider in assessing a witness's credibility include the following:

• The witness's demeanor while testifying and the manner in which he testifies. Evid. C. §780(a). See "Demeanor," ch. 4-B, §3.1.

• The character of the witness's testimony. Evid. C. §780(b). See "Character of testimony," ch. 4-B, §3.2.

• The extent of the witness's capacity to perceive, recollect, or communicate any matter about which he testifies. Evid. C. §780(c). See "Capacity to perceive, recollect, or communicate," ch. 4-B, §3.3.

• The extent of the witness's opportunity to perceive any matter about which he testifies. Evid. C. §780(d). See "Opportunity to perceive," ch. 4-B, §3.4.

• The witness's character for honesty or veracity or their opposites. Evid. C. §780(e). See "Character trait of dishonesty or truthfulness," ch. 4-B, §3.5.

• The existence or nonexistence of a bias, interest, or other motive. Evid. C. §780(f). See "Bias, interest, or motive," ch. 4-B, §3.6.

• A statement previously made by the witness that is consistent or inconsistent with his testimony. Evid. C. §780(g), (h). See "Prior consistent or inconsistent statement," ch. 4-B, §3.7.

• The existence or nonexistence of any fact testified to by the witness. Evid. C. §780(i). See "Existence or nonexistence of fact asserted by witness," ch. 4-B, §3.8.

• The witness's attitude toward the particular criminal case in which he testifies or his attitude about giving testimony in the particular proceeding. Evid. C. §780(j). See "Attitude toward action or testimony," ch. 4-B, §3.9.

• The witness's admission of his own untruthfulness. Evid. C. §780(k). See 'Admission of untruthfulness," ch. 4-B, §3.10.

§2.2. Limitations on relevant evidence.

1. Statutory restrictions. The California Evidence Code restricts the use of certain kinds of evidence to attack or support a witness's credibility. Before the passage of Proposition 8 (Victims' Bill of Rights) in 1982, these limitations applied to criminal as well as civil proceedings. See "Exceptions to admissibility," ch. 1, §3.2 (discussing Proposition 8). After the passage of Proposition 8, many of these restrictions no longer apply in criminal proceedings.

(1) Character traits other than honesty or veracity. Under Evid. C. §786, evidence of character traits other than honesty or veracity, or their opposites, cannot be used to attack or support a witness's credibility. After the passage of Proposition 8, however, the restrictions of Evid. C. §786 no longer apply in a criminal proceeding. People v. Harris (1...