TTTBE #53: Early Answer for Patrons
Added 2017-12-11 00:50:51 +0000 UTCHey, Patreon may be in the midst of screwing over its customers, but we're still cranking out exclusive content just for you BECAUSE WE LOVE YOU.
This question asked whether a witness can be compelled to answer a question on cross-examination relating to whether he falsified tax returns, even if the subject of the witness's testimony was unrelated to taxes.
The answer is "yes." Rule 608 of the Federal Rules of Evidence expressly permits opposing counsel, on cross-examination, to inquire into specific instances of conduct that are "probative of the character for truthfulness or untruthfulness of the witness."
That means the right answer is "B." Answers "C" and "D" are incorrect because they're contradicted by Rule 608. Answer "A" is incorrect because the rule does not require a conviction, only a specific instance of conduct that is relevant to the witness's truthfulness.
Sadly, Thomas got this answer wrong, but he's still 32-for 53 (60.4%) and doing better than many law students!
