Evidence Question
A defendant is on trial for allegedly committing a robbery at approximately 10:00 p.m. on a specific date. During the criminal trial, the defendant calls a witness to testify about the defendant’s alibi. The witness testifies that the defendant had been watching a movie with the witness at 10:00 p.m. on the night of the alleged crime. Upon cross-examination, the prosecutor asks the witness in good faith whether she is the defendant’s girlfriend. The defense attorney objects to the question on the basis that it is not relevant to the case.
Should the judge permit the question?
(A) No, because the defendant’s personal life is not relevant to whether a robbery was committed.
(B) No, because the facts do not indicate that the witness participated in the crime.
(C) Yes, because the defendant may not object to the cross-examination of the defendant’s own witness.
(D) Yes, because the question was asked for the purpose of showing the witness’s bias or improper motive.
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The correct answer is D. The Federal Rules of Evidence lack an express provision that addresses bias and interest as grounds for impeachment of a witness. Nonetheless, in civil or criminal proceedings subject to either the common law or the Federal Rules of Evidence, a witness always may be asked questions that would reveal a bias or an interest of the witness. Specifically, a party-opponent may try to impeach the credibility of a witness on cross-examination by inquiring about the witness’s partiality, bias, interest, or motivation. Generally, a witness’s testimony may be influenced by an improper motive that results from a relationship between the witness and another party, the witness’s interest in the results of a trial, or the witness’s feelings or emotions regarding parties or issues in a case that cause the witness to desire a specific outcome in the case.
A is incorrect because the relationship of the witness to the defendant may be used to show that the witness’s testimony is biased.
B is incorrect because it is not necessary that the witness was a participant in the crime in order for the prosecutor to question the witness about her relationship with the defendant.
C is incorrect because there is no such rule.
Evidence § I D(4)(A)(1) Presentation of Evidence: Impeachment, Contradiction and Rehabilitation: Bias and Interest: Impeachment for Bias and Interest Generally: Improper Motive