New York Law (NYLE) Practice Exam

Which of the following statements regarding impeachment of a witness with prior instances of misconduct is false?

1. A good faith basis for asking the question is needed.

2. The cross-examiner can ask about bad acts that underlie a crime for which the individual was acquitted.

3. Such evidence may be used against a witness in civil or criminal trial.

4. The prior misconduct must relate to the witness's truthfulness.

The correct answer is: Such evidence may be used against a witness in civil or criminal trial.

The false statement among the options provided relates to the use of such evidence in civil or criminal trials. Impeachment of a witness through prior instances of misconduct generally allows for questioning about specific bad acts, especially those related to dishonesty or lack of truthfulness, to challenge the credibility of the witness. However, there are limitations on the admissibility of evidence regarding prior misconduct. Specifically, while evidence of a witness's prior misconduct might be permissible under certain circumstances, in practical terms, such evidence is often more restricted in civil cases than in criminal cases. For instance, in many jurisdictions, evidence regarding prior bad acts solely for impeachment purposes is typically more scrutinized under rules of relevance and prejudicial impact, especially in civil trials. A good faith basis for questioning is indeed necessary to explore prior misconduct, and questioning can include discussing bad acts underlying crimes where a witness was acquitted. However, the use of prior misconduct evidence must generally pertain to the truthfulness of the witness to be permissible, and it is not universally accepted for use in all cases. This nuanced application of rules makes it clearer why the notion of it being used against a witness in any context (civil or criminal) can be misleading and therefore identified as false.