Impeachment by Inconsistent Statement (2015)
CLE Credits: up to 1 hour of self-study CLE credit, where authorized. Please confirm with your state's CLE commission to ensure this program is available for self-study CLE certification.
Program Summary: There is nothing quite as satisfying as using a witness’s own words to destroy their credibility and reliability. The jury watches in “real time” as a truthful witness makes a mistake that shows they are unreliable, or a lying witness gets caught in a lie. Whether attacking credibility, reliability or both, revealing the witness’s inconsistent words for maximum persuasive impact requires good tactical judgment in service of the story of the defense mastery of technique, and the ability to bring the critical moment to life through the use of word choice, tone, volume, pace, movement and nonverbal communication. Many lawyers squander the opportunity to be impactful because they are impatient, use poor technique and rush through the impeachment. At best, the moment gets lost. At worst, the witness takes control from the examiner and successfully denies having made an inconsistent statement or renders it meaningless. Impeachment by inconsistent statement is not rocket science and even inexperienced lawyers can create thunder while impeaching when they are prepared and use the R.A.C. method.
About the Presenter:
Cathleen L. Bennett (Boston, MA)
Cathleen Bennett is the Criminal Defense Training Director at the Committee for Public Counsel Services (the Massachusetts Statewide Public Defender). As a trial lawyer in the Public Defender Division, she defends indigent clients charged with crimes in the state courts of Massachusetts. Cathy is on the faculty of the National Criminal Defense College, and is a core faculty member of Gideon’s Promise (formerly the Southern Public Defender Training Center) which was the subject of an award winning HBO documentary called Gideon’s Army. She has taught at trial advocacy and other programs across the country. Bennett is an adjunct professor in trial advocacy at Boston College Law School. She is the editor and a chapter author of the Massachusetts District Court Criminal Defense Manual (MCLE, Inc.) and has written chapters in Trying Sex Offense Cases in Massachusetts (MCLE, Inc.), Trying Murder and Homicide Cases in Massachusetts (MCLE,) and in Massachusetts Courtroom Advocacy (MCLE, Inc.). She received the Thurgood Marshall Award from the Committee for Public Counsel Services in 2007, the Scholar-Mentor Award from Massachusetts Continuing Legal Education, Inc. (MCLE) in 2008 and the Outstanding Faculty Award in 2011 from Gideon’s Promise.
Prices
- List Price $45.00
- Member Price $35.00