Section 10.11 Bias and Prejudice

• Library: Evidence 2017

G. (§10.11) Bias and Prejudice

In State v. Johnson, 700 S.W.2d 815, 817 (Mo. banc 1985), cert. denied, 476 U.S. 1119 (1986), the Supreme Court of Missouri articulated the general rule concerning bias and prejudice:

If a witness is hostile, biased or prejudiced against a party, the substance of his testimony may be affected by his other than impartial state of mind. In such an instance, that party should be afforded an opportunity to display before an uninformed jury the bias, hostility, or prejudices held by the witness against that party. Once informed, the jury can then, with greater accuracy, determine the appropriate weight to be given the whole of the witness’ testimony.

Id. at 817 (citation omitted).

The general principles governing impeachment of a witness on the basis of bias as stated by Wigmore are as follows:

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