Answer the following questions. He was never criminally prosecuted for perjury or obstruction of justice outside the impeachment procedure, although he was later disbarred for his behavior (Gearan, A., 2011). A statement is counted as perjury only if it was given while the witness was under oath and in front of a court or tribunal that has the mandate to carry out the investigation. Jrank.org website, PerjuryPerjury at Common Law, accessed May 5, 2011, http://law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html. Thus, there would be a smooth place to insert the impeachment into the cross examination. Tex. A prior statement by a declarant-witness that is inconsistent with the declarant-witness's testimony and: (A) was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; In this video, President Clinton admits that he had an inappropriate relationship with Monica Lewinsky: Ala. Code 13A-10-104, accessed May 6, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-104.html. 4. Ann. The best place for impeachment by prior inconsistent statement depends on your primary purpose. Examples of inconsistent statement Marcus's jurisdiction criminalizes perjury by inconsistent statements, Marcus could most likely be prosecuted for this offense. (1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child to: Marcus has most likely committed perjury in this example. Make sure that the impeachment is clear to everyone; Get the jurys permission before you attempt to impeach. Juries depend on witness testimony to reach a fair and impartial verdict in civil and criminal trials, and grand juries depend on witness testimony to indict defendants for criminal conduct. Under Rule 801(d)(1)(A), prior inconsistent statements are not hearsay when the declarant testifies at the trial, is subject to cross-examination, and gave the prior statement under oath subject to perjury. Impeachment with a prior inconsistent statement tends to have a negative impact on any rapport established with the witness. N.Y. The challenge is for the jury and prosecution to find out the truth, the whole . On May 6, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Bill Clinton. Corroborative evidence is not required, and the prosecution does not have the burden of proving that one of the statements is false, just that one or the other was false and not believed by the defendant to be true (Ala. Code 13A-10-104, 2011). This strategy is not without risk. The subject matter of the statement was material to the proceeding in which it was made. During the Course of Cross: And of course, there is the situation where the witness has just gone off script during the course of confirming things that should be undisputed. But, of course, there is no one size fits all solution. The first common-law prohibition against witness perjury criminalized false testimony, given under oath, in a judicial proceeding, about a material issue. In trial, each witness examination must be tailored to the closing argument. Marcus made two inconsistent statements while under a validly administered oath in Lindsays conversion trial, which is a judicial proceeding. Mo. Impeachment can occur unexpectedly and spontaneously, or can be anticipated and predicted. N.C. Gen. Stat. See Instruction 8.135 (Perjury-Testimony). Impeachment is the art of attacking a testifying witness's credibility or truthfulness at trial. You must keep your cool and not tip off the witness. Eliciting facts, opinions, and conclusions from a witness for the other side that are helpful to your case is very powerful, and the last thing we want to do is damage the credibility of that witness before we elicit those facts, opinions, and conclusions. Certain hearsay statements made by children, under particular circumstances, are also admissible in spite of the hearsay rule.. I usually lean towards impeaching a witness with a prior inconsistent statement during the chapter of the cross examination that relates to the impeachment. Ala. Code 13A-10-108, accessed May 5, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-108.html. tent statement -in-kn-sis-tnt- : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement However, even in that circumstance, I would only start the cross with that impeachment by prior inconsistent statement if you think that is one of your best points. In a sense, a person must make a false statement with an intent to defraud. Define the elements of various forms of obstruction of justice, and analyze obstruction of justice grading. Crimes against the administration of justice impede the governments ability to carry out the important functions of prosecuting and convicting criminals, which, in turn, destroys citizens confidence that the US legal system is effective in ensuring individual safety and security. Section 13 Example of a Case Lacking an Element of Perjury, perjury by inconsistent or contradictory statements, http://scholar.google.com/scholar_case?case=14705028387089517508&q= %22State+v.+Carr%22&hl=en&as_sdt=2,5, http://scholar.google.com/scholar_case?case=3089258849772766127&q= %22witness+tampering%22&hl=en&as_sdt=4,33&as_ylo=2003, http://law.onecle.com/alabama/criminal-code/13A-10-104.html, http://law.onecle.com/alabama/criminal-code/13A-10-107.html, http://law.onecle.com/alabama/criminal-code/13A-10-108.html, http://law.onecle.com/alabama/criminal-code/13A-10-61.html, http://law.onecle.com/arizona/criminal-code/13-2807.html, http://law.onecle.com/california/penal/129.html, http://law.onecle.com/california/penal/74.html, http://law.onecle.com/california/penal/85.html, http://law.onecle.com/california/penal/86.html, http://law.onecle.com/california/penal/88.html, http://law.onecle.com/california/penal/92.html, http://law.onecle.com/california/penal/93.html, http://www.law.cornell.edu/supct/html/95-1853.ZS.html, http://www.jud.ct.gov/ji/criminal/part4/4.5-9.htm, http://www.historyplace.com/unitedstates/impeachments/jones-deposition.htm, http://law.onecle.com/florida/crimes/843.08.html, http://law.onecle.com/georgia/16/16-10-70.html, http://famguardian.org/Subjects/LawAndGovt/News/ClintonDisbar-011001.htm, http://www.historyplace.com/unitedstates/impeachments/clinton.htm, http://law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html, http://www.duhaime.org/LegalDictionary/B/Bribery.aspx, http://www.nytimes.com/2011/04/14/sports/baseball/14bonds.html?pagewanted=1&_r=1, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm, http://law.onecle.com/north-carolina/14-criminal-law/14-209.html, http://law.onecle.com/north-carolina/14-criminal-law/14-210.html, http://law.onecle.com/north-carolina/5a-contempt/index.html, http://law.onecle.com/new-york/penal/PEN0180.00_180.00.html, http://law.onecle.com/new-york/penal/PEN0195.10_195.10.html, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html, http://law.onecle.com/new-york/penal/PEN0200.03_200.03.html, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html, http://law.onecle.com/new-york/penal/PEN0200.10_200.10.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.265.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.295.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html, http://www.usatoday.com/sports/baseball/2011-04-13-verdict-barry-bonds-guilty_N.htm, http://scholar.google.com/scholar_case?case=17399056576949304157&q= State+v.+Kimber+48&hl=en&as_sdt=2,5, http://law.onecle.com/texas/criminal-procedure/38.18.00.html, http://law.onecle.com/texas/penal/38.06.00.html, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://scholar.google.com/scholar_case?case=12281686524757008977&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://law.onecle.com/pennsylvania/crimes-and-offenses/00.051.004.000.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001512-000-.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621-000-.html, http://www.law.cornell.edu/uscode/26/usc_sec_26_00006065-000-.html, http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.059.001.000.html, http://law.onecle.com/illinois/720ilcs5/31-4.html, http://law.onecle.com/illinois/720ilcs5/31-4.5.html, CC BY-NC-SA: Attribution-NonCommercial-ShareAlike. A solid win for the defense based on the facts. No two cases are the same, nor are any two cross examinations the same. In modern times, every state prohibits perjury, as well as the federal government (18 U.S.C. N.C. Gen. Stat. In that trial is competitive storyshowing in context, H.T. Most perjury offenses are subject to the possibility of up to five years in . It is a public perception that perjury is a hard crime to prove. Identify the statements you believe to be perjury. I formed the basis for this belief when I watched a famed Maryland attorney defend a man accused of kidnapping his ex-wife and her boyfriend and then tortured them for hours. He viewed it as capable of serving two ends: proving untruths and completing the story by eliciting facts that remained suppressed or undeveloped on direct examination, including the remaining and qualifying circumstances of the subject of testimony, as known to the witness., Precisely because of the presence of dual objectives, timing is everything. Said differently, assume a witness has information useful to the cross-examiner but also made an averment during direct examination that must be impeached with a clearly contradictory prior inconsistent statement. Penal Law 200.00, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html. U.S. v. Adcock, 558 F.2d 397 (1977), accessed May 6, 2011, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr. Mo. When this occurs, the prosecutor can attempt to prove that the two statements are inconsistent, and both cannot be true. 162.295, accessed May 7, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.295.html. When the defense attorney on the case crossed the first responders, detective, and the victims themselves, he made sure he discussed all of the things the defendant did that told his clients story, then in a soft impeachment, every witness untangled the prosecutors attempt of making the defendant a monster. Webster's New World Law Synonyms: bearing false witness lying under oath willful falsehood violation of an oath false statement untruthfulness The first few questions set the tone for the cross, and confronting the witness up front may set the tone for an aggressive cross or a cross where not the witness will try to qualify every question. A person convicted of perjury under federal law may face up to five years in prison and fines. False Statements Are Perjury. In addition, many jurisdictions have a provision that witnesses who refuse to take an oath shall have the option of making a nonreligous affirmation that has the same legal effect as the oath (42 Pa. Cons. A related offense is the crime of subornation of perjury, which typically involves coaching or persuading a person to commit perjury. Similar to perjury, bribery is notoriously difficult to prove, which is a factor prosecutors must consider when deciding whether or not to charge an individual(s) with this offense. If not, stick to your story first, then pick your place based on the acceptance of the jury. If you plan to ask the jury to discount the entirety of the witnesss testimony, begin with the impeachment and systematically dissect and destroy his or her credibility throughout the rest of the cross-examination. Most state statutes or state common law, in states that allow common-law crimes, define perjury as a false material statement (criminal act), made with the specific intent or purposely to deceive, or the general intent or knowingly that the statement was false, in a judicial or official proceeding (attendant circumstance), under oath (attendant circumstance) (Ga. Code tit. Chapter 837 PERJURY 837.021 Perjury by contradictory statements. In many states and under the Model Penal Code, it is no defense to bribery that the individual bribed does not have the authority to act or make the decision that is the subject of the bribe (Model Penal Code 240.1) (Ala. Code 13A-10-61, 2011). Federal law ( 18 USC 1621 ), for example, states that anyone found guilty of the crime will be fined or imprisoned for up to five years. Penal Law 200.04, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html. The crime of perjury is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law. A hearsay statement that a witness disliked the defendant may be admitted to show the witness's bias. Once you establish a pattern of asking short declarative questions, its easier to get concessions. During a Jones lawsuit deposition, the president stated under oath that he did not have sexual relations with Ms. Lewinsky pursuant to the definition of sexual relations given by the questioning attorneys (Deposition excerpts, 2011). To this day, I do not know why this happened. If so, you may not want to start with the impeachment because it will color everything else the witness says. Clinton: I did not have sexual relations with that woman. Penal Code 93), any judicial officer, juror, referee, umpire (Cal. 720 ILCS 5/31-4.5, accessed May 7, 2011, http://law.onecle.com/illinois/720ilcs5/31-4.5.html. 1621, accessed May 5, 2011, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621-000-.html. Associate Professor of Law So its useful to determine which idea you want to highlight: that the witness is untrustworthy, or that a particular fact is true. In most US jurisdictions, the two-witness rule is used to discover whether the accused has committed such a crime. Witness testimony is important in a variety of settings. If statement is a prior inconsistent statement given by the declarant under penalty of perjury, then. They stopped listening. A contradictory statement made in court signifies that the person making such statement has been untruthful at some point during their account. The factfinder will remember the end of the testimony. Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. Stat. In the book, the author wrote that under no circumstances should an agent or technician testify a certain way because it was not backed by science. 5A-11, et seq., accessed May 8, 2011, http://law.onecle.com/north-carolina/5a-contempt/index.html. Associated Press: Bonds Guilty of Obstruction, Jury Hung on Others. Penal Code 85, 2011; Cal. And then, decide whether to impeach right then and there, while the iron is hot; whether to flag the inconsistency aloud, raise the level of suspense, but hold back, for just a while, until you decide its the right time to return to that impeachment; or whether the better course is to not say a word at all at the time to save it, put it in your pocket and unleash the impeachment at the moment you calculate (feel) it serves your case and client best. The prosecutor does not have to provide corroborative evidence and does not have the burden of proving that the first statement was false, which will simplify and expedite the trial and may subject Marcus to conviction of this offense. Ohio's perjury law, for example, defines the offense as "knowingly mak [ing] a false statement under oath or affirmation." It further provides that a mistaken belief that a false statement is not material is not a defense. Penal Code 38.06, accessed May 8, 2011, http://law.onecle.com/texas/penal/38.06.00.html. Ala. Code 13A-10-107, accessed May 6, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-107.html. Ga. Code tit. Assume for a moment that at trial, on direct examination, the Plaintiff testifies that when he went through the light it was green; however, when the Plaintiff testified during his deposition he testified that he couldnt remember what color the light was. Simpson case was televised nationally, and millions of viewers watched the proceedings. Logical and Critical Thinking. Figure 13.6 Diagram of Defenses to Perjury. The defense was doing a great job with this theme and there seemed to be some reasonable doubt. Cons: Anything buried in the middle risks becoming forgettable. At the trial the prosecution need not prove which statement is false." ^3. As such, a statement is an assertion that something is or is not the case. 2011] CONVICTIONS BASED ON LIES 335 presented false testimony calls into question the value of all the testimony given by the lying witness. N.Y. A prior statement may be "inconsistent" without being directly contradictory, moreover. 5901, accessed May 5, 2011, http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.059.001.000.html. Ann. Perjury is generally graded as a felony, with a potential sentencing enhancement for committing perjury that causes another to be sentenced to prison or the death penalty. For instance, the statement "The trains are always . If a witness testifies, and is subject to cross-examination, then that witness's prior inconsistent statement is exempted from the hearsay definition, but only if it was made under oath, subject to the penalty of perjury, and made at a trial, hearing, or other proceeding, or in a deposition. You must reload the page to continue. Every witness painted a horrible human being on direct, but on cross admitted that the defendant loved his wife and it was she who left him. Stat. My client spent several more years in prison while we sorted out the appeals. b. 162.265, 2011; Or. Ann. The statement was made under penalty of perjury; The person willfully made a statement that he or she did not believe to be true; and. Figure 13.9 Diagram of Perjury, Bribery, and Obstruction of Justice. State v. Kimber, 48 Conn. App. Ann. The disclosure requirement in paragraph (a) is intended to deter sham allegations of the existence of an inconsistent statement. Choose a delete action Empty this pageRemove this page and its subpages. Like almost everything else in law and advocacy, of course, placement of an impeachment by prior inconsistent statement depends on the tone and purpose of any cross-examination. 2. A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (a) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; (b . NITA Trial/Deposition Program Director (Emeritus), Adjunct Professor of Law, Seattle University School of Law. One of the most common forms of impeachment during cross-examination at trial is with a prior inconsistent statement, such as deposition or affidavit testimony.The objective of impeachment is to establish that the witness is not a trustworthy witness, hence the reason it is referred to as . In many jurisdictions, the trier of fact, which could be a judge or jury, determines whether or not the statement is material. Even if the testimony being impeached was not at the climax of the direct or was not especially devastating, the cross should start with the impeachment if the witness is likely to be uncooperative and a tight, controlling attack is needed to rein them in early. He thereafter testifies that he saw Lindsay try on the necklace and then walk out of the store without paying for it. In the third phase, we do a direct attack on witness credibility and, hopefully, leave the jury with the belief that the witness cannot be trusted. Change this example so that Marcus testifies that he did not see Lindsay walk out of the Macys department store without paying for the necklace because he does not want to admit that he was shopping for jewelry to buy his girlfriend. Thus both Isabel and the judge may be subject to prosecution for and conviction of this offense, and the judges acquittal of Isabel will ease the prosecutors burden in proving the specific intent or purposely or general intent or knowingly to enter into an agreement corruptly influencing the decision making in this case. It is a well-accepted book of treatise in the field of orthopedics, but I am not familiar with chapter 31." If known to members of the prosecution team, it casts doubt on the honesty of the entire case. If the witness starts being creative or changing their testimony during the regular course of cross the prior inconsistent statement (or even a Hard Refreshment) can and should be used at any time as a control device. The first type of perjury involves statements made under oath, and requires proof that: The second type of perjury involves unsworn statements, and requires proof that: State laws defining perjury are generally similar to the federal statute. And as to materiality, just how important is the point that we intend? Penal Law 295.10, 2011), giving false evidence (720 ILCS 5/31-4, 2011), hiding or concealing oneself and refusing to give evidence (720 ILCS 5/31-4, 2011), tampering with evidence (Or. For example, even though a literal application of the Rule would suggest that any prior inconsistent statement is admissible as substantive evidence so long as it is one of the three enumerated types under oath, tape recorded, or signed that may not necessarily be so. New page type Book TopicInteractive Learning Content, Textbooks for Primary Schools (English Language), Textbooks for Secondary Schools (English Language), Perjury, Bribery, and Obstruction of Justice, Creative Commons-NonCommercial-ShareAlike 4.0 International License, The Difference between Civil and Criminal Law, Characteristics of a Criminal Prosecution, Applicability of the Constitution in a Criminal Prosecution, Examples of Victimless and Harmless Crimes, Example of a Courts Refusal to Create a Common-Law Crime, Rules of Stare Decisis and Use of Precedent, Example of Stare Decisis and Use of Precedent, LAW AND ETHICS : THE ARIZONA IMMIGRATION LAW, Examples of Legislative Branch Checks and Balances, Examples of Executive Branch Checks and Balances, Example of Original and Appellate Jurisdiction, Burden of Proof in a Criminal Prosecution, Example of a Failure to Meet the Burden of Proof, The Legislative Branchs Prohibited Powers, Example of an Ex Post Facto Law Punishing Behavior Retroactively, Example of an Ex Post Facto Law Increasing Punishment Retroactively, Example of an Ex Post Facto Law Increasing the Possibility of Conviction Retroactively, Changes That Benefit a Defendant Retroactively, Ex Post Facto Applies Only to Criminal Laws, The Due Process and Equal Protection Clauses, Example of a Statute That Is Void for Vagueness, Exceptions to the First Amendments Protection of Free Speech, Example of an Unconstitutional Fighting Words Statute, Example of an Unconstitutional Incitement to Riot Statute, Example of an Unconstitutional Statute Prohibiting Cross Burning, Example of a Constitutional Statute Prohibiting Cross Burning, The Constitutional Amendments Protecting Privacy, Example of an Appropriate Restriction on Firearms, Synopsis of the History of Capital Punishment, Examples of Capital Punishment That Is Disproportionate to the Crime, Examples of Capital Punishment That Are Disproportionate to the Criminal Defendant, Example of Capital Punishment That Is Inhumane and Disproportionate to the Crime and the Criminal Defendant, Disproportionate Punishment Pursuant to Three-Strikes Laws, Sentencing that Violates the Right to a Jury Trial, The Role of the Judge and Jury in Sentencing Fact-Finding, Example of an Unconstitutional Sentence Enhancement, Answers to You Be the Legislative Analyst, Example of a Crime That Has Only Three Elements, Example of an Involuntary and Noncriminal Act, Example of a Voluntary Act Followed by a Nonvoluntary Act, Example of a Constitutional Statute Related to Status, Duty to Act Based on a Special Relationship, Example of a Failure to Act That Is Noncriminal, Example of a Failure to Act That Is Criminal, Example of an Unenforceable Possession Statute, Example of Specific Intent to Bring about a Bad Result, Example of Specific Intent to Do More than the Criminal Act, Example of a General Intent Crime and an Inference of Intent, Example of a Crime That Requires More Than One Criminal Intent, Example of a Situation Lacking Concurrence, Example of an Intervening Superseding Cause, Definition of Denial or Failure of Proof and Affirmative Defenses, Definition of Imperfect and Perfect Defenses, Example of Imperfect and Perfect Defenses, Example of an Attack That Is Not Imminent, Example of an Imminent Attack under the Battered Wife Defense, Objectively Reasonable Fear of Injury or Death, Example of Defense of Habitation under a Castle Law, Use of Force in Arrest and Apprehension of Criminal Suspects, Example of Reasonable Force by Law Enforcement to Arrest, Situations Where Consent Can Operate as a Defense, Example of a Case Inappropriate for the MNaghten Insanity Defense, Example of a Case Appropriate for the MNaghten Insanity Defense, Example of a Case Inappropriate for the Irresistible Impulse Insanity Defense, LAW AND ETHICS : THE ELIZABETH SMART CASE, Infancy, Intoxication, Ignorance, and Mistake, Example of a Case That Is Inappropriate for the Mistake of Law Defense, Example of a Case That Is Inappropriate for the Mistake of Fact Defense, The Natural and Probable Consequences Doctrine, Example of the Natural and Probable Consequences Doctrine, Prosecution of an Accomplice When the Principal Is Not Prosecuted or Is Acquitted, Example of Prosecution of an Accomplice When the Principal Is Not Prosecuted. Historyplace.com website, Presidential Impeachment Proceedings, accessed May 9, 2011, http://www.historyplace.com/unitedstates/impeachments/clinton.htm. 162.275, accessed May 7, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html. . For example, lying under oath that you do not wear glasses could be considered perjury when you are testifying about what you have seen. 575.040, accessed May 5, 2011, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm. In addition, based on these facts, Isabels connection to the judge is only through her perjury prosecution, so her act appears calculated to influence his decision in that case, especially because the watch is expensive and not merely a token. trial and may subject Marcus to conviction of this offense. The placement of your confrontation with an inconsistent statement really depends on what you are trying to accomplish, and the behavior of the witness. The prosecution does not need to prove which statement is false for this offense. A statement is "inconsistent" "if under any rational theory it might lead to any relevant conclusion different from any other relevant conclusion resulting from anything the witness said." Weinstein's Federal Evidence 613.04 [1]. When you do that, you increase the likelihood of success with the jury, whatever your point may be in closing. Ariz. Rev. For example, if the prior statement is an oral statement given to a police officer, it is important to emphasize the following: (1) where the witness was when they made the statement; (2) the fact that the witness made the statement right after the event when it was fresh in their mind; It provides that a statement is not hearsay (i.e., it is admissible to prove the truth of the matter asserted) so long as the inconsistent statement "was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition" Because the . Marcus is testifying as a witness in a civil rather than criminal trial, but this satisfies the perjury requirement that the testimony be offered during a judicial or official proceeding. If so, is the witness lying about everything or just some things? place it chronologically in the flow of the cross? We've helped 95 clients find attorneys today. False . First, to the extent the witness will testify to any facts or opinions that are helpful to my case, I would want to elicit that testimony before doing anything that might damage the credibility of the witness. Impeaching up front works well for a very clear impeaching statement, particularly one that has not been fronted during the direct. Ann. As trial lawyers, we constantly assess the temperature of the room. Obstruction of justice takes many forms and is a classic example of an offense against the administration of justice. 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